United Kingdom: Updated Right to Work Guidance Published

February 12, 2024

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Country / Territory

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.

Key changes include:

CHANGE

DETAILS

IMPACT

Updated civil penalty amounts

 

 

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.

Updated process for employers of EEA nationals (or their family members) who did not apply to the EUSS

 

  • The UK Home Office has 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.
  • The Home Office has removed the previous guidance which provided a 28-day grace period in which such an employee could apply to the EU Settlement Scheme to enable the employer to obtain an updated statutory excuse.

 
  • Upon finding out that these individuals do not have a right to work, employers must now take action by contacting the UK Home Office and/or taking steps to terminate their employment.
  • Related breaches occurring before February 13, 2024 may incur a civil penalty of up to GBP 20,000 per illegal worker. Breaches occurring on or after February 13, 2024 may incur a civil penalty of up to GBP 60,000 per illegal worker.

Right to work checks for prospective employers providing  ‘supplementary employment’ for sponsored workers

 

  • In certain instances, a sponsored worker may take ‘supplementary employment’, which is employment separate from that specified on their certificate of sponsorship.
  • The amended guidance now provides more detail about what employers should do to verify that a prospective sponsored worker being offered supplementary employment has the right to work.
  • Employers should confirm their right to work by requesting appropriate evidence, for example, a letter from the sponsor or other alternative evidence.

 

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.
  • 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.

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].

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