New Rules for Employers to check Right to Work by April 2022

As of April 6, 2022, the only means for companies to do Right to Work checks for some employees will be electronically, according to the Home Office.

Currently, how can employers conduct right-to-work checks?
Currently, there are three methods for doing a Right to Work check:

1. Manual Right to Work checks: Employers must get original documents from employees, perform checks in front of them, and keep a record of the results.

2. Online Checks for Right to Work: Employees with a BRC, BRP, pre-settled or settled status under the EU Settlement Scheme, a British National Overseas passport, or a Frontier Worker Permit whose immigration status can be verified online can log on to the Home Office online portal to get a share code. The employer can then log onto the Home Office’s employer portal and view the employee’s verified immigration status using the sharing code.

3. Checks for Virtual Right to Work:
This is a temporary measure put in place by the Home Office in response to the recent issues that businesses have encountered as a result of Covid-19. Employers can use scanned copies or a video call to complete Right to Work checks with this method.

On April 6, 2022, how will right-to-work checks change?
Employers can currently pick how they want to do their Right to Work checks. This will change on April 6, 2022, when the Home Office imposes a rule requiring businesses to conduct online Right to Work checks if an employee possesses a BRP or BRC, a Frontier Worker Permit, or pre-settled or settled status under the EU Settlement Scheme. Furthermore, virtual RTW checks will no longer be acceptable. The virtual RTW checks were implemented as a one-time measure that will be phased off on April 5, 2022.

To fill the void, a new digital check system will be implemented as an alternative to manual checks. Employees will still be needed to submit photos of their personal documents, but no originals will be required. These digital checks will be targeted at British and Irish citizens, as internet checks would be ineffective for them because the Home Office will not have any immigration data for them.

Employers are required to do right-to-work checks on the following individuals.
Right to Work checks must be conducted on all prospective employees, including British and Irish nationals as well as permanent migrants. Employers must provide employees every opportunity to demonstrate their legal right to work.

Even if they assumed the employee had the right to work, an employer that fails to do a Right to Work check may face legal penalties.

Will the new Right to Work Checks be subject to a fee?
Yes, there will be, depending on how the Right to Work check is carried out. The exact cost has yet to be determined, but the Recruitment and Employment Confederation estimates that it will cost between £1.45 and £70 each digital check. The digital checks do not appear to be mandatory if the employee is British or Irish. As a result, businesses may continue to use a manual inspection, which will be free.

Migrants’ online Right to Work checks will be free of charge.

Is it necessary for me to conduct follow-up checks on my way to work?
When the employee’s permission to work in the UK for a limited amount of time expires, you’ll need to recheck their eligibility to work. You will be expected to do follow-up checks if you employ a migrant who you know has authorisation to work in the UK for a limited amount of time. Regardless of the sort of check the employer completed previously, before employment began, the employer has the right to do these checks manually or using an internet system.

What’s the Difference Between a Right-to-Work Check and an Employers Checking Service?
As previously stated, not everyone will be eligible for an online Right to Work check. The Employer Checking Service (“ECS”) of the Home Office can be used to verify a person’s right to work in the United Kingdom. If any of the following apply, the ECS can be used:

1. The person has applied for authorisation to stay in the UK under the EU Settlement Scheme (EUSS) by 30 June 2021, but has yet to receive a decision, and possesses a non-digital Certificate of Application or acknowledgement document from the Home Office confirming this;

2. The individual has applied for authorisation to stay in the UK under the EUSS after 30 June 2021, but has yet to get a decision, despite having a non-digital Certificate of Application to prove it;

3. The individual has an outstanding application for permission to remain in the UK before the expiration of their previous visa;

4. the individual has a pending appeal or administrative review; the individual has an Application Registration Card (ARC); or the individual has a pending appeal or administrative review.

5. The person has lived in the UK for a long time and arrived before 1988.

To use the ECS, go to the government website and enter the person’s information (name, date of birth, Home Office reference number(s), and so on). The Home Office aims to respond within 5 working days after receiving the request, though this might be delayed.

If the Home Office is able to establish that the person has the right to work in the United Kingdom, you should obtain a Positive Verification Notice (“PVN”) that is valid for six months.

Please contact one of our Immigration Lawyers.
Contact our immigration solicitors on 0203 6437508 or email us at donm@queensparksolicitors.co.uk.

Categories: Home, UK Immigration

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