On 30th September 2022, the adjusted right-to-work checks ended and newly updated checks are applicable as of 1st October 2022.
The adjusted checks were originally put in place in 2020 after the outbreak of the pandemic made it very difficult for employers to conduct right to work checks on employees through the original manual means.
According to the updated guidance, employers must do the following checks on new employees before they start working:
- a manual right to work check
- a right to work check using IDVT via the services of an IDSP
- a Home Office online right to work check
This means that video calls cannot be arranged as part of the right to work checks anymore.
How to conduct right to work checks on foreign workers from 1st October 2022
Some foreign workers may have access to the online Home Office checking service and some may not if they do not have an immigration status that can be verified online.
Manual document-based checks
When conducting a manual check, employers must request original documents from the employee from the list of acceptable documents. Depending on the immigration status of the employee, different documents will be required for the check.
Once the employer has obtained the acceptable documents, they must complete the check by ensuring that the documents are genuine. This includes checking that the photographs and dates line up and that their visa expiry dates have not passed. List B in the Home Office guidance outlines the documents that are acceptable for foreign workers with a temporary right to work.
After the checks have been completed, the documents must be copied and held securely either electronically or in a hard copy. The date on which the employer conducted the check must be recorded and the documents kept for the duration of the employment and two years after to demonstrate that a right to work check has been done.
Home Office online checks
The Home Office online checking service is available for those with certain types of immigration documentation. For instance, people who have a Biometric Residence Card (BRC), Biometric Residence Permit (BRP), and Frontier Worker Permit (FWP) are able to use the Home Office online checking service, and therefore, physical documents must not be accepted.
The online service works by the employee sharing their immigration status through the online system with their employer. They must share a code that allows them to access details on the Home Office system.
The system will show a photograph of the individual along with their personal and visa information. The employer’s responsibility is to check that the individual is who they say they are and that the system confirms that they have a right to work in the UK.
It will be clear on the system if an individual has a restricted or a time-limited right to work in the UK. In this case, employers need to be sure that the worker is allowed to work and that their visa hasn’t expired.
They will also need to do follow-up checks to ensure that employees have continued permission to work in the UK. This means that new visas have been applied for if old ones have expired or that a decision has been appealed on a visa outcome.
Once the individual’s details have been checked online, evidence of conducting the right to work check must be kept. This involves printing or saving a copy of the person’s profile on the Home Office system and securely storing it for the duration of employment and two years after.
Checks for employees with BRPs
As of 6th April 2022, those with BRPs, BRCs, and FWPs can only prove their right to work in the UK through the Home Office online checking service. Under no circumstances should an employer only check the physical documents. As such, BRPs, BRCs, and FWPs have been removed from the list of acceptable documents.
However, retrospective checks will not need to be done for BRP, BRC, and FWP holders who had checks done before 6th April 2022.