What are the new changes the Home Office has announced to RTW checks?
The Home Office Employer's Guide to Right to Work Checks advises employers on how to conduct a compliant right to work check to establish a statutory excuse against liability for a civil penalty. The guidance was updated on 28 February 2023.
Important updates include:
- Use of ID Service Providers (IDPS) -
Clarification 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. Employers cannot completely outsource right to work
checks in the UK to IDPS. Checks must be made on all employees who
are not British or Irish citizens.
- eVisa and pending applications - Changes to
allow some individuals with an outstanding, in-time application for
permission to stay in the UK, or an appeal, or administrative
review (3C leave) to prove their right to work using the Home
Office online checking service, rather than the Employer Checking
Service.
- Re-Admission to the UK (RUK) - Confirmation
that Re-Admission to the UK (RUK) endorsements are acceptable for
the purposes of right to work checks (List A, 4).
- Evidence for employing migrant students (Annex
B) - Further information on what evidence employers should
obtain from the educational institution on term times for the
employees with a student visa. This is important to establish a
statutory excuse for all student employees, as this ensures that
the students do not breach the right to work conditions of their
student Visa and that they are allowed to undertake the work. It is
vital to check that the information provided comes from the
educational provider. Official website pages are frequently used,
but it is recommended that a letter confirming the student's
terms dates over the period of employment is obtained and
retained.
- Information on short-dated Biometric Residence Permits (BRPs) - Employers must not assume that BRPs with an expiry date of 31 December 2024 are issued in error). The online right to work check should display the correct immigration permission expiry date.
Compliant Right to work checks are an essential requirement for all UK employers. Aside from the reputational damage, employers could lose their sponsor licence and possibly face criminal convictions if they do not comply with the guidelines. With potential civil penalties of up to £20,000 for each illegal worker who does not have the right to work in the UK (or even where the checks were not undertaken correctly), it is crucial that checks are carried out in accordance with Home Office guidance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.