As UK Visas and Immigration have announced these changes, we would like to take the opportunity to remind sponsors of the importance of having the correct right-to-work checks in place. All sponsors have a duty to check all employees’ right to work in the UK.
UKVI prescribe the following ways a sponsor can comply with their duty to ensure their employees have the right to work. One of the checks below must be made prior to the start date of the employee’s employment:
Manual check - This involves the employer reviewing an original version of the employee’s right-to-work document. The document needs to be checked in the presence of the employee and a clear, dated, copy of the document should be retained on file. Employers should ensure the document is genuine, belongs to the employee, photograph and date of birth is consistent with other information provided. Manual checks normally apply to British and Irish passport holders, although can apply to other status holders in some instances.
Identity service provider checks (IDSP) - An employer can use an independent IDSP to complete a digital identity check for any British and Irish worker, holding a valid British or Irish passport. UK Visas and Immigration publish a list of approved IDSP providers and advises that the provider use has a minimum level of ‘medium’ confidence according to their framework.
Providers do not need to be on this approved list, although employers using other providers should be satisfied the provider will offer the correct level of verification. The employer should then be satisfied the results of the check are consistent with the documents provided and retain the results of the check on file for the duration of employment and 2 years thereafter.
Online Home Office check - For non-British or Irish workers, employers can use the Home Office’s right-to-work checking service. The service provides confirmation of the employee’s work rights in the UK and the duration of their leave via a digital result which is made using the Home Office’s online systems. The employee will first need to request a share code using the system and then provide this to their employer. The employer will then enter this on the service to verify that the employee has the right to work.
It is important to do this alongside reviewing an employee’s Biometric Residence Permit (BRP) to ensure their leave is still valid and no updates exist on their status. UK Visas and Immigration intend to phase out BRPs by the end of 2024, so it is important employers are familiar with the service. Employers should satisfy themselves that the details provided match other information provided and retain a clear copy of the check on file for the duration of the employee’s employment.