Employment Update: Right To Work Checks From 1 October 2022

Right to work checks have changed: Are you compliant?

From 1 October 2022, there will be three main methods of checking an individual’s right to work in the UK: Manual, Identity Service Provider or Home Office Online Service.

During the COVID-19 pandemic, employers were temporarily allowed to conduct right to work checks virtually over video calls using scans or photographs of documents. From 1 October 2022, the requirement of physical right to work checks for new hires has returned, unless employers use one of the new methods the government has introduced.

1) Manual Check

A manual check in which employers physically meet the employee to obtain original documentation checking they are genuine, have not expired, and confirm the photo and name match the likeness of the individual. Employers must retain copies of original documentation.

Manual checks can be used for individuals who hold British or Irish passports and for individuals without Biometric Residence Permit (BRP), Biometric Residence Card (BRC), e-visas, digital status, or Frontier Worker Permit holders.

2) Certified Identity Service Provider (IDSP)

Employers will be entitled to use certified Identity Service Providers (IDSP’s) who use Identification Document Validation Technology (IDVT) to carry out digital identity checks on individuals who hold British or Irish passports and verify their information to the employer. Employers remain responsible for checking the identity of the individual and for retaining copies of the documentation.

A list of certified IDSPs can be found HERE.

Whether engaging an IDSP makes commercial sense for an organisation will depend on the size of the organisation.

3) Home Office Online Service

Employers will be provided a 9-digit share code (not the documents) from the individual’s along with the individuals date of birth to input into the Home Office online service. Employers must check the photo matches the individual, the individual has the right to do the work in question and there is no time limit on the right to work. Employers must retain copies of original documentation.

Online Service checks can be used for individuals who have Biometric Residence Permit (BRP), Biometric Residence Card (BRC), e-visas, digital status or Frontier Worker Permit holders.

If you require any advice in relation to the above change or other Business Immigration issues, please contact the Business Immigration team.