Changes in Right to Work Checks from October

You might recall that during the pandemic, employers had an exemption from the UK Border & Immigration to phyiscally check an applicants right to work in the UK. This is because when people were homeworking and during lockdown it was often impossible to physically sit down with someone and their ID.

Since April 2022, employers check the right to work status of non-British/Irish applicants using an online service. Employers have been able to ask the applicant for a share code, and check online via the Employers Checking Service. There are no plans for this to change and we feel its working well.

From October 2022, with checking the right to work status of applicants from Britain and Ireland employers will have two choices:

1. Check their right to work documents physically
2. Check on line using a third party provider who will be able to check the right to work digitally on behalf of the employer.

When should we be doing the right to work check?

Employers should check that the applicant has the right to work in the UK before they start work. It’s far easier to resolve if someones doesn’t have the right to work for you before they start by withdrawing the job offer, than after they have been working for you.

How do you check a document physically?

Again, there’s no change in this, its been the case for sometime that the employer should check the legitmacy of the document provided, for example is the passport in one piece? an original? with no tampering? Does it look like its edited or changed? Are you suspicious? Take a photocopy and sign and date the copy for the personnel file.

Don’t forget an out of date passport is still evidence of right to work in UK.

Do we have to go digital?

No for applicants from Britain and Ireland you can continue to check documents physically, this new option to use a third party will only ever be useful for employers who don’t see their employee’s face to face.

If you need any assistance with any aspect of Safer Recruitment please contact us on 01527 909436.