Right to Work update
27 January 2022
The way in which Right to Work checks are carried out will be changing from 6 April 2022. Change to Appendix D record keeping requirements are covered in this update.
From this date, when undertaking checks for international workers, physical presentation of visa documentation for biometric residence card, biometric residence permit and frontier worker permit holders will no longer be accepted. Right to Work checks for international workers after 6 April 2022 must be carried out online, including for individuals who only hold digital proof of their immigration status in the UK.
To carry out an online right to work check, employers will need the applicant’s date of birth and their share code, which they will have obtained online. Employer right to work checks supporting guidance.
To complete the online right to work check, employers will enter the job applicant’s details by visiting the ‘checker’ side of the service on GOV.UK.
The UKVI will be publishing updated guidance shortly on this topic.
In addition, from 6 April 2022, the Home Office are also set to launch their ‘Identification Documentation Validation Technology’ (IDVT) – for the first time, this will enable employers to undertake online checks for British and Irish citizens that hold valid passports (including Irish passport cards). This will enable remote checking of eligibility to work without presenting physical documentation. Use of the IDVT technology for British/Irish employees will, initially, be optional and physical document checks for British nationals that do not hold passports will remain permissible with use of alternative documentation.
Right to Work – change to Appendix D record keeping requirements
Employers (particularly those with a sponsor licence) will be familiar with the Home Office Appendix D guidance. There were some minor updates made to this guidance on 30 December 2021, mostly relating to eVisas.
Where the worker has been issued with an eVisa only, the employer must check this, and retain evidence they have done so, by using the Home Office view and prove service. Where the worker has been issued with both an eVisa and a biometric residence permit, the employer can chose which document to check and retain evidence of. See the full guidance here for further information.
Employers should also be aware that if the worker does not have an entry stamp in their passport, the employer has a duty to check that they did not enter the UK before their visa became valid. The employer can do this by asking to see other evidence, such as a travel ticket or boarding pass. Such evidence does not need to be retained by the employer but the date the worker entered the UK must be noted in their file.
These articles are from the January 2022 issue of Employment and Immigration Law Update, our monthly newsletter for HR professionals. To download the latest issue, please visit the newsletter section of our website. For further information please contact a member of Birketts’ Immigration Team.
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Sacha Wooldridge
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2022.