Right to work checks become manual again

Posted Thursday 10th November 2022

The adjustments made by the Home Office during the COVID-19 pandemic to right to work checks were reverted on 1 October 2022. This means that checks through video calls and copies or scans of documents no longer fulfil employers’ obligations. Employers now need to revert to either manual or online checks.

Here are some tips to make this process easier:

1. Use the Home Office’s interactive online tool when conducting a manual document-based check.
2. Anyone holding a biometric residence card must evidence their right to work using the online service. Manual checks should no longer be accepted.
3. Any visa holders and anyone under the EU Settlement Scheme should use the online service to provide evidence of their right to work.
4. Online checks using share codes should be conducted with the employee present to verify that the photograph on the online right to work check is of the employee.
5. For employees with Pre-Settled status under the EU Settlement Scheme, the online check will contain details for when a follow-up check is required.
6. Remember to copy each document in a way that cannot be altered and retain these copies with a record of the date the check was performed.
7. Any documents should be retained throughout the employee’s employment and for two years following their departure.

There are civil and criminal penalties for employers who employ migrants illegally, which could result in an unlimited fine or up to six-month imprisonment (or both).

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This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.

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