Right to work updates for employers – all you need to know

The Home Office has recently published updates to right to work checks effective from 28 February 2023 for businesses and employers. We urge employers to review and update their HR and People teams on the updated Employer’s guide to right to work checks available at Gov.UK

Summary of changes

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;

• 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.

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.

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.

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?

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.

How can we help?

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.