Update Right to Work checks for employers relating to immigration documentation

The Home Office has requested stakeholders and organisations to disseminate information relating to changes for Right to Work Checks (RWC’s) commencing on 1 October 2022 relating to immigration documentation.

RWC’s introduced on 30 March 2020, due to the COVID-19 pandemic for immigration purposes, are being withdrawn from 30 September 2022. The COVID-19 concession RWC’s allowed employers to accept scanned documents such Biometric Cards for conducting checks followed by a video call.

Since 6 April 2022, employers have been able to perform checks using Identification Document Validation Technology (IDVT) for British or Irish nationals remotely.

Otherwise, employers undertake a check through one of the prescribed ways below:

• manual RWC
• IDVT check through a secure approved third-party provider
• Home Office online RWC’s.

RWC’s done through the Home Office online platform can be done remotely.

Checks performed between 30 March 2020 and 30 September 2022 do not have to be redone assuming they were conducted correctly.

We would recommend where possible, employers to undertake RWC’s through the Home Office online for non-British or Irish nationals, as this provides a statutory defence in relation to potential breaches of UK immigration laws.

Employers should note, a failure to conduct checks can lead to civil or criminal penalties, imprisonment for up to 5 years or an unlimited fine for hiring an illegal immigrant - and not to mention the unwanted stress and potential publicity.

We are a firm of immigration solicitors established in 2022 and recommended by the Legal 500 and can be contacted by clicking here, sending an email to info@rlegal.com or by telephone on +44 207 038 3980