Ensuring that employees possess the right to work is vitally important for employers. If employers are found to have employed staff who do not have the right to work, this can have devastating consequences. This includes outcomes ranging from civil penalties, to criminal sanctions.
Meanwhile, ensuring tenants have the right to rent is equally important. A landlord could be sent to prison for 5 years or get a fine for renting to someone they knew or had “reasonable cause to believe did not have the right to rent in the UK”.
The Home Office has issued new versions of the Employer’s guide to right to work checks and the Landlord’s guide to right to rent checks.
Update to employer’s guide
- Reasons why the Home Office recommends businesses to require their contractors and labour providers to carry out right to work checks on those they employ or engage
- When there is a technical issue beyond the employee’s control such as the production of an incorrect share code or they are temporarily unable to generate a share code, the employer or employee can contact the UKVI Resolution Centre on 03007906268 for help
- Confirms that indefinite leave to remain endorsements in a current passport will be acceptable proof of right to work
- Giving more details on the distinction between volunteering and voluntary work, who can undertake each under the conditions of their visas and voluntary fieldwork
- Confirming that persons with Skilled Worker permission are able to undertake supplementary employment in any of the Standard Occupational Code (SOC) 2020 occupation codes listed in Tables 1 to 3 of Appendix Skilled Occupations of the Immigration Rules (ie any role that is eligible for a new application under the route). This is subject to the additional conditions for supplementary employment.
For further details, please see here.
Update to landlord’s guide
- Confirming that from 31 October 2024, all new frontier worker applicants will receive a digital identity and not a BRP
- Landlords who need help carrying out a right to rent check should call the Landlord helpline on 03007906268
- If tenants need help accessing or using their Home Office online immigration status services, they can contact the UKVI Resolution Centre on 03007906268
- If a prospective tenant can produce documents from the list, such as a passport (whether current or expired) endorsed to show that the holder is allowed to stay indefinitely in the UK including indefinite leave to remain endorsements in a current passport from a Crown Dependency, they will not require a follow-up check.
For further details, please see here.
If you have any questions regarding any of the above, please feel free to contact us and we will be happy to help.
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