Key changes following the end of COVID-19 adjusted checks
The most significant of the changes reiterates the end of the COVID-19 temporary adjusted checks on 30 September 2022. This means employer recruiting staff from 1 October 2022 must carry out one of the prescribed checks before employment commences;
Prescribed methods for conducting right to work checks
- a manual right to work check in the presence of the employee (for all); or
- a right to work check using a IDVT via the service of a certified IDSP (for British and Irish citizens); or
- a Home Office online right to work check where possible.
Using identity document validation technology and identity service providers
Further updates give clarification for employers on the use of Identity Document Validation Technology (IDVT) and Identity Service Providers (IDSPs) to support manual document based and Home Office online checking service right to work checks.
Guidance on short-dated biometric residence permit cards
The updated guidance gives some useful information relating to short dated Biometric Residence Permit cards with an expiry date of 31 December 2024 where the holder has permission to stay in the UK that ends after that date, as well as information on sponsored work and student categories.
Right to work for individuals with outstanding applications
In addition there are changes to enable some individuals with an outstanding (in-time) application for permission to stay in the UK, an appeal, or administrative review to prove their right to work using the Home Office online checking service.
What do employers need to know about right to work checks?
There is still some uncertainty for businesses when conducting right to work check so the recent Home Office updates seek to give employers some clarity for the future. Employers need to make note that remote checks are no longer acceptable from 1 October 2022 and must ensure all checks are valid and maintained. For now it is not mandatory for employers to use a certified IDSP for checks on British and Irish employees, however it is imperative that manual checks are still being completed in line with the Home Office guidance, in person.
Expert legal support for right to work checks
Our immigration experts are on hand to support employers with the required pre-employment checks to comply with the latest UK immigration and EU legislation
If you would like to discuss the recent updates or take advantage of our right to work training for HR and recruiting staff contact Tijen Ahmet.
Frequently asked questions
What are the three valid methods for conducting right to work checks in the UK?
UK employers must use one of three methods from 1 October 2022: a manual document check conducted in the employee’s presence, a digital check using a certified Identity Service Provider (IDSP) for British and Irish citizens, or the Home Office online right to work checking service for eligible individuals.
Can UK employers still conduct right to work checks remotely?
No. Remote right to work checks ended on 30 September 2022 when COVID-19 temporary adjusted measures expired. Employers must now conduct checks in person, use a certified IDSP digital service for British and Irish citizens, or use the Home Office online service where the employee has a share code.
What should employers do about Biometric Residence Permits expiring on 31 December 2024?
Some BRP holders have permission to stay in the UK beyond their card’s 31 December 2024 expiry date. Employers should use the Home Office online checking service to verify the individual’s current immigration status rather than relying solely on the physical card’s expiry date.
