Overview
Immigration Compliance Guide.
Employers in the UK must carry out Right to Work Checks to ensure their employees are legally allowed to work in the UK. This guide provides a step-by-step process to help employers comply with immigration laws.
Step-by-Step Process
Obtain Original Documents
Employers must request original documents from the employee that prove their right to work in the UK. Acceptable documents are listed in two categories:
- List A: Documents proving indefinite right to work in the UK (e.g., British passport, indefinite leave to remain).
- List B: Documents showing a temporary right to work (e.g., a visa with a time limit).
Check the Documents’ Validity
Carefully examine the original documents to ensure they are genuine and valid. This includes checking:
- Photographs and dates of birth are consistent across documents.
- Expiry dates have not passed.
- The documents are not damaged or tampered with.
- Any relevant endorsements match the employee’s work conditions.
Make and Retain Copies
Make clear and legible copies of the documents, retaining these copies securely. Include:
- The front cover and personal details page of a passport.
- Both sides of a biometric residence permit.
- A clear copy of all other documents used to prove the right to work.
Ensure that you record the date on which the check was conducted.
Record the Date of the Check
Document the date you performed the Right to Work Check. This can be written on copied documents or stored digitally.
Follow-Up Checks
For employees with time-limited permission to work, employers must conduct follow-up checks before the employee’s right to work expires. This usually occurs in cases where the employee has a temporary visa.
Online Right to Work Check
Employers can use the Home Office’s online Right to Work Checking Service. This is mandatory for those who hold a digital immigration status:
- Obtain a share code from the employee.
- Use the code to access the employee’s right to work details on the official government website.
Retain a copy of the response provided by the online service.
Latest Updates (as of July 2024)
- Digital Status Transition: Holders of Biometric Residence Permits (BRP) and other similar documents are transitioning to digital statuses.
- Simplified Checks for Pre-Settled Status Holders: The process has been streamlined for those with pre-settled status.
- Changes for Asylum Seekers: New details on permissions for asylum seekers have been included
Retention Period
Employers must keep copies of the right to work documents for the duration of the employee’s employment and for two years after the employment ends.
Penalties for Non-Compliance
Failing to conduct the Right to Work Check can result in severe penalties, including:
- A civil penalty of up to £20,000 per illegal worker.
- Potential criminal charges leading to imprisonment and an unlimited fine.
- Damage to the company’s reputation and ability to sponsor visas in the future.
Best Practices
- Regular Training: Ensure staff responsible for hiring are regularly trained on Right to Work Checks.
- Consistent Processes: Implement a standardized process for conducting and recording checks.
- Legal Advice: Seek legal advice if there is any uncertainty regarding the documents or the process.
Resources
For more detailed information, employers can refer to the Home Office guidelines on Right to Work Checks:
- Home Office Right to Work Checks
- Employer’s Guide to Right to Work Checks
This guide ensures employers comply with UK immigration laws and helps prevent the employment of illegal workers. By following these steps, employers can protect their businesses and support a fair and legal working environment.
Right to Work Check: Frequently Asked Questions (FAQs)
A Right to Work Check is a legal requirement in the UK that requires employers to verify that all potential employees are legally allowed to work in the country. This check must be completed before employment begins.
Employers must conduct Right to Work Checks to comply with UK immigration laws and avoid penalties, such as fines of up to £20,000 per illegal worker and potential criminal charges.
Acceptable documents fall into two categories:
- List A (indefinite right to work): British or Irish passports, Indefinite Leave to Remain, or EU Settlement Scheme status.
- List B (time-limited right to work): Biometric Residence Permit, a visa in a foreign passport, or a Frontier Worker Permit.
Yes, if an employee has a digital immigration status (e.g., through a Biometric Residence Permit or EU Settlement Scheme), you must use the Home Office’s online Right to Work Checking Service. The employee will need to provide you with a share code.
To use the online service:
- Ask the employee for their share code and date of birth.
- Enter the details into the Home Office Right to Work Checking Service.
- Review the employee’s right to work status and retain a copy of the result for your records.
If the employee’s documents are expired but they have applied for a new visa or extension, you may need to contact the Home Office’s Employer Checking Service to verify their right to work while their application is pending.
Failure to conduct a Right to Work Check can result in civil penalties, criminal prosecution, loss of your sponsor license (if applicable), and significant reputational damage to your business.
Yes, for employees with a time-limited right to work, follow-up checks must be conducted before their current permission expires. This ensures continuous compliance with immigration laws.
You must retain copies of the Right to Work Check documents for the duration of the employee’s employment and for at least two years after their employment ends.
As of 1 July 2021, EU, EEA, and Swiss nationals must provide proof of their right to work in the UK through their immigration status, typically by using the Home Office online checking service. Their passports or national identity cards alone are no longer sufficient.
If an employee cannot provide any documents or digital proof of their right to work, you should not employ them until they can demonstrate their right to work in the UK. In some cases, you may need to contact the Home Office Employer Checking Service for assistance.
To verify the authenticity of documents:
- Check for signs of tampering or forgery.
- Ensure photographs and dates of birth are consistent.
- Verify that the documents are unexpired and that names match across all documents.
No, all employers are required to conduct a Right to Work Check for every employee, regardless of their nationality or how long they have lived in the UK.
If you suspect an employee does not have the right to work, you should contact the Home Office immediately and refrain from employing them until their status is confirmed.
It’s important to regularly review and update your Right to Work procedures to ensure compliance with the latest Home Office guidelines and any changes in immigration law.
When it comes to navigating the complexities of legal issues, Imran & Co Solicitors stand by your side, offering unwavering support and expert guidance. Whether you face challenges in immigration, family law, or any other legal matter, our dedicated team is here to help you every step of the way.
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