This is a heads up for UK HR teams not to get caught out by this month’s changes to checks on prospective employees’ right to work in the UK. 

From 1 October, remote checks brought in during the pandemic to allow employers to conduct checks on prospective staff without having to meet face-to-face have come to an end.

Now, human resources staff have to conduct in-person right to work checks if the physical documents are valid British and Irish passports or Irish passport cards. Alternatively, they can use one of the certified Identity Service Providers (IDSP) using Identification Document Validation Technology (IDVT) to check one of the above valid documents. If a new employee holds an eVisa, a Biometric Residence Card (BRC), a Biometric Residence Permit (BRP) or a Frontier Worker Permit (FWP) or has EUSS status, employers should conduct an online right to work check using the free Home Office online checking service.

According to a recent survey by one of the government-certified IDSPs (Xydus), almost half of businesses are unprepared for the changes to right to work checks that came into force on 1 October 2022. So, it is well worth making sure your processes are compliant. Organisations may face a range of tough sanctions if found to be employing individuals who do not have the right to work: civil penalties, criminal sanction and related adverse consequences.

Vanessa Ganguin Immigration Law have detailed the different right to work rules employers must be familiar with in this FAQ.

If you would like to discuss your procedures or help conducting a compliance audit to ensure your processes are up to date, for instance before a sponsor licence renewal, please contact enquiries@vanessaganguin.com or call +44(0) 207 033 9527