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11-Oct-22
From October 2022 changes are happening to the UK Right to Work checks so we have prepared a quick quide with some useful info/links.
The guide was originally prepared for clients, but for any candidates it should still offer a simplified overview on the process so we hope it proves useful and serves as a guide.
Previously allowed checks until Sept 2022
Back in March 2020, temporary adjusted right to work (RTW) measures were introduced to help companies on-board new team members using scanned documents (rather than originals). Employers were then allowed to confirm the identity of the individual, along with these scanned documents, via video call. These measures were in place to help those working remotely, however as of 1st October 2022 businesses will no longer be able to use this adjusted checking process.
As businesses accept, ensuring compliance with RTW procedure is essential to prevent illegal working and penalties. So, to protect your business you need to ensure you are following the correct procedure and ensure this is done so before any form of employment commences.
What changes are being made?From 1st October 2022 there will be three main ways to check RTW;
- A manual right to work check - a physical check of the applicant’s original documents (the old way).
- Use an online (IDSP) provider to check on a digital platform - UK/Irish (in date passports only).
- View a job applicant’s right to work using their share code and date of birth.
Conducting any of these checks following the Home Office guidance found on the gov.uk website will ensure you are following the correct process and successfully completing your Right to Work check. If your applicant’s immigration status requires verification by the Home Office, for example they are awaiting an administrative review/appeal or they have an outstanding application, then you can also use the Employer Checking Service. In this scenario use this link to contact the Home Office, however please remember you will have to gain permission to do so as you need to supply some personal details of the individual;
https://www.gov.uk/employee-immigration-employment-status
1. A manual right to work check
The simplest method is to perform a manual RTW check with the original documents. This means you have the document to hand and make copies, whilst confirming identity at the same time! It also ensures you can accept such items as expired UK/Irish passports, which cannot be used via the online IDSP method. There are three steps in the process and all need to be completed to establish a statutory excuse.
You must also retain a secure record of the date on which you made the check. Simply writing a date on the copy document does not confirm this is the actual date when the check was undertaken. Please note; you will also be unable to accept biometric residence cards/permits – share codes are needed (see step 3).
The digital check involves submitting images of personal documents rather than the original documents but using Identity Document Validation Technology instead of a scan or copy. Please remember, you will still need to perform an “imposter check” via video call if this employee is 100% remote.
Where a right to work check has been conducted using the services of an IDSP on British and Irish citizens, a continuous statutory excuse will have been established and there is no requirement to see the documents listed below or to carry out a follow up check (i.e. if the passport goes out of date after the check).
After reviewing a couple of systems, the costings per check range from £1 - £30. There are some more expensive, however TrustID is £3 per check (but we buy bulk) and Yoti was around £1 as an example.
3. Viewing RTW via a share codeShare codes are very simple to use and are used by non-UK nationals to prove their right to work. Should your candidate be applicable, they can easily obtain one by visiting
https://www.gov.uk/prove-right-to-work. An online check can then be carried out by these three steps:
- Step 1: Visit https://www.gov.uk/view-right-to-work with the candidates share code and DOB.
- Step 2: Satisfy yourself that any photograph on the online right to work check is of the individual presenting themselves for work, either in the presence of the individual or via a video call.
- Step 3: Retain and securely store a clear copy of the response provided by the online right to work check.
The Home Office online service is free to use and you don’t need to see or check the individual’s documents, as the RTW is provided in real time directly from Home Office systems.
This could be because they have an outstanding appeal, review/application with the Home Office, or have arrived in the UK before 1989 and do not have documents to prove their right to work. You must also ask the Home Office to check if they have a digital or non-digital Certificate of Application that says you need to check their right to work or an Application Registration Card. Please note; you only need to use this service if you cannot check the applicant’s right to work online using their share code or check the applicant’s original documents.
The Home Office’s Employer Checking Service is free for checking the RTW of overseas candidates only and remember that permission will need to be obtained to use this service as it requires further information. It can take up to 10 days for the result of this check to come back (in our experience it is often up to 5-7 workings days), so make sure to get this check going well before the candidates start.
Conclusion
So, a lot of information to take in (however not as much as the 67 page document from the Home Office!). In all seriousness though, proving your candidates Right to Work is essential and it should be done so using the latest guidance which can be sourced from the gov.uk website. We do however hope our overview gives a quick guide and at the very least reminds everyone that changes are happening!
A handy link we have found to ensure you are following the correct process when viewing documents can be found here
https://www.gov.uk/legal-right-work-uk. It offers a step-by-step process to walk you through the process with the documents you have to ensure you are following the correct procedure.
If you are only onboarding a few people a year, to sum things up and keep it simple we would;
- Ensure you meet the person in question and see their original documents before employment.
- Use the link above and the latest Home Office guidance to ensure you are taking the correct steps with the documentation you have.
- Make sure you take copies of all the documentation and record the date you have done so. Plus, make sure they are saved somewhere that is stored and will not be deleted!
The last thing to mention is checks are not retrospective, i.e. if you performed the check previously according to the rules at that time then a further check is not required. That’s about it. The new IDSP providers offer some help for those that need to perform remote checks for UK/Irish nationals with in-date passports, however for those with out-of-date documentation it will monstly revert to the old process of seeing the original documentation or share codes.