This is one that all employers should be aware of if they do not want to incur a heavy fine for hiring an unauthorized migrant. Right to work checks should apply to all candidates, even British citizens to avoid claims of discrimination, and while they are not mandatory they are extremely useful and can save employers a lot of potential trouble.
What are the current ways to check out a candidates worker rights?
- The first option is online right to work checks. This is where the employer looks the person up on the Home Office immigration database, available
- Secondly, there is manual right to work checks, where the employer inspects physical ID documents, such as passports or other means of identification.
- The third option is virtual right to work checks, which were first brought in during the pandemic. This involves a scan or photo of the ID instead of the physical document.
What is changing on 6 April 2022?
There will be no more manually checking of documentation for right to work checks. Instead, employers will have to carry out a check for individuals holding a Biometric Residence Card, Biometric Residence Permit or Frontier Worker Permit via the Home Office’s online right to work check service. Online will replace manual checks.
To do this, the employer must have the candidate’s date of birth and a valid right to work share code that will be generated by accessing the online system for individuals. This code will work for 30 days.
Retrospective checks will not be necessary for employees where a manual check was completed on or before 5 April 2022.
Also, there will be no more temporary/virtual right to work checks, as this was created specifically for catering to the pandemic. Such checks will end on 5th April 2022.
British and Irish citizens
For British and Irish passport holders, there will be a new system of digital checks that will be introduced. The reason behind this is that the current Home Office online checking service is only for a standard work or residence permit holder, so the new system is an alternative to manual checks for a British or Irish potential employee.
It should be noted that this new system (Identity Document Validation Technology) will likely be a charged service. In this case, checks for British and Irish passport holders should continue as two ways – either manual checks or IDVT for commencing virtual checks.
In conclusion, from 6 April 2022 right to work checks on most migrants will be online and will be cost free, and for British and Irish citizens it will likely be manual (and free) or digital (with a potential cost).
What do we think?
The change makes sense, especially as more and more people are working from home and going to the office less. If the systems work reliably then it should streamline the process for both employer and employee. However, as the Home Office intends to charge for IDVT from £1.45 to £70 per check, it is still unsure if this new digital validation system will really be welcomed by employers as a remote alternative.
Have questions? Get in touch today!
Call us on 020 7928 0276, phone calls are operating as usual and will be taking calls from 9:30am to 6:00pm.
Email us on info@lisaslaw.co.uk.
Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/
Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!
Links to download below:
iPhone: https://apps.apple.com/us/app/lisas-law/id1503174541?ls=1
Android: https://play.google.com/store/apps/details?id=com.lisaslaw
