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Changes to Right to Work Checks - 1 October 2022

The adjustments to right to work checks introduced on 30 March 2020 will end on 30 September 2022 and from 1 October 2022 there will only be three main methods of checking a candidate’s right to work in the UK:

1. Online

2. Manual

3. Using an Identity Service Provider (IDSP)


Online


The online checking method should be used for:

· Biometric Residence Permit (BRP), Biometric Residence Card (BRC) and Frontier Worker Permit holders

· Those with e-visas (e.g. EU Settled Status, EU Pre-settled Status or those who applied for UK immigration permission using the UK Immigration: ID Check app)


Checks using the Home Office online checking service do not require you to check physical documents and can be carried out by video call, as right to work information is provided in real time direct from Home Office systems.


Employers should use the following link to view a candidate’s right to work details and will need their date of birth and share code: https://www.gov.uk/view-right-to-work


Candidates can obtain their share code using the link below and will need their BRP, BRC or passport or ID card: https://www.gov.uk/prove-right-to-work


Manual/IDSP


Manual checks or using an Identity Service Provider (IDSP) is the checking method that should be used for those not eligible for online checks (for example, valid British and Irish passport holders).


Points to Note


Initial right to work checks must always be carried out in respect of all prospective employees before the employment begins and the checks that employers must undertake to comply with the law and secure the statutory excuse are to ensure they:

  • Obtain the candidate’s original documents or check the candidate’s right to work online using the share code provided by them. Where a manual document check is being undertaken employers should be satisfied that the documents relate to the individual and are original and unaltered. Where an online check is being undertaken the employer should use the share code and the candidate’s date of birth to access the employer section of the online right to work check (link above).

  • Check (in the presence of the candidate) that they have the right to work by performing a manual document check or an online right to work check

  • Copy the documents which have been manually checked and record the date of the check and date and keep on file secure copies of the documents (e.g. hardcopy/scanned copy in a format which cannot be altered, such as a JPEG/PDF file). For online checks, the candidate’s online profile, which contains their photograph and date on which the check was conducted, must be retained (this can be printed and saved as a hardcopy or saved as a PDF or HTML file).

Contact your GDB Legal Solutions advisor for any assistance required.

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