United Kingdom: Updated Right to Work Guidance Published
February 12, 2024
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At a Glance
On February 8, 2024, the Home Office issued updated employer guidance on right to work (RTW) checks. This includes:
- updates to the civil penalty amounts for employers who violate RTW check rules;
- updated processes for employers who become aware of European Economic Area (EEA) national employees (or a non-EEA family member of an EEA national) who have been continuously employed since June 30, 2021 but have not applied to the EU Settlement Scheme and otherwise have no right to work or reside in the United Kingdom; and
- additional steps to be taken by employers conducting RTW checks for individuals being hired for ‘supplementary employment’ (which is employment in a role separate from the job for which a person has been sponsored).
The situation
The Home Office issued updated employer guidance on right to work (RTW) checks.
A closer look
Key changes include:
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CHANGE |
DETAILS |
IMPACT |
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Updated civil penalty amounts |
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Amid increased enforcement and fines, employers should ensure their RTW checks and internal auditing mechanisms are sufficient to avoid employing individuals who lack the right to work in the United Kingdom. |
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Updated process for employers of EEA nationals (or their family members) who did not apply to the EUSS |
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Right to work checks for prospective employers providing ‘supplementary employment’ for sponsored workers |
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The more precise guidance on information that employers should gather for individuals performing ‘supplementary employment’ will allow employers to better comply with RTW check rules. |
Background
- RTW checks. Detailed government guidance on RTW steps, which are a mandatory part of the employee hiring process in the United Kingdom, can be found in the Home Office’s employer guide.
- Regular updates. The amended guidance was provided as part of a regular update by the Home Office to clarify or add guidance to compliance requirements. The last update was provided on October 18, 2023.
Looking ahead
Fragomen’s dedicated Compliance & Audit team is available to discuss, review and assist with navigating these changes, and to discuss right to work checking processes where needed.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
