United Kingdom: Updated Right to Work Guidance Released

• • Employer still has liability even if engaging an Identity Service Provider (IDSP). The new guidance states employers may be liable for civil penalties even if they outsource the entire RTW check process for British and Irish nationals, including likeness checks (when the person appearing in the video call is checked against their digital profile containing their photo and immigration status they hold), to an IDSP or other third party.  

In January 2022, the Home Office had issued guidance which states that IDSPs, including Digital Identity Document Validation Technology, could be used to check the identity and RTW of British and Irish citizens who held valid passports. 

• • Change of process for timely-filed work visa extension applications without sufficient documentation. Employers now have two options to verify the RTW for individuals who have filed a timely application but cannot provide acceptable documentation to prove their RTW. They can either: 
    • Use an online RTW service for individuals who were issued a BRP, Biometric Residence Card (BRC), Frontier Worker Permit (FWP) or eVisa status e-visa; or
    • Use an Employer Checking Service (ECS) for all other instances.  

• • Individuals with Short-dated Biometric Residence Permits (BRP) can check RTW online. Individuals with BRPs expiring on or before December 31, 2024 (whose immigration permission extends past this date due to the phasing out of the BRPs) can check their RTW online. 
  • As previously announced, beginning January 1, 2025, individuals will not need a BRP and will instead be able to prove their immigration status online. 

• • This change serves solely to provide official guidance on this issue.
  •  Employers should already be aware that BRPs have not been acceptable evidence of RTW since April 2022, so employers should be conducting RTW checks using the Home Office online RTW service to confirm immigration status. 

• • Photo quality on online RTW checks. The Home Office has clarified that an RTW check based on a likeness check using a poor-quality photograph will not be accepted as valid.  

• • Employers may be required to pay a fine if a RTW is conducted improperly due to poor photograph quality.  
  • If an individual’s photograph is of poor quality or displaying incorrectly, the employer should advise the individual to update the image on their Visas and Immigration account before continuing with the RTW check. 

• • Addition to List A documents. A passport showing a re-admission to the United Kingdom (RUK) endorsement has been added to List A - the list of acceptable documents establishing a continuous statutory excuse (a defence against an allegation that the RTW check was not completed).