With increasing penalties and the introduction of eVisas, it is more important than ever that you carry out your Right to Work checks correctly. Callum De Freitas explains how we can help.
UK employers are obliged to carry out Right to Work checks on all workers, prior to them commencing work, in order to ensure that they have the correct immigration status to work in the UK.
During the COVID-19 pandemic, the Home Office temporarily softened the rules on Right to Work checks, allowing, for example, for these checks to be carried out over video call. Those adjustments ceased on 1 October 2022, and the Home Office have since issued updated guidance on carrying out Right to Work checks.
There are currently three ways of carrying out a Right to Work checks:
- A manual check of documents, in person
- An online check using a share code
- Using Identity Document Validation Technology via an identity service provider
However, some of these options can only be used for certain workers, and manual checks are becoming increasingly obsolete, as more and more workers evidence their status digitally, with eVisas set to replace Biometric Residence Permits by the end of the year – you can read more about that here.
In addition, the Home Office have recently tripled penalties for illegal working. This means that you if you fail to carry out your Right to Work checks correctly, you could face a fine of up to £60,000 per worker working without immigration status or in breach of their visa conditions.
In light of the increasing complexity of Right to Work checks and the significant costs attributable to getting these checks wrong, we have introduced new Right to Work audit services. We offer two distinct service packages, depending on your business’ needs.
Under our Standard Service, we will audit the Right to Work documentation that you have on file for one existing employee, to ensure that you have carried out your checks correctly and that you have adequate records for this employee in line with the relevant Home Office guidance. We will also provide you with a Right to Work check guide, setting out the options, the process, and the records required, giving you the confidence to carry out future Right to Work checks independently.
Under our Premium Service, we will audit the Right to Work documentation that you have on file for all existing employees. As with the Standard Service, we will provide you with our Right to Work check guide, but we will also walk you through an example Right to Work check on a video call, demonstrating the steps that need to be taken and answering any questions that you might have.
If you have any questions about Right to Work checks or our audit services, please get in touch at [email protected]
