United Kingdom: Updated Right to Work Guidance Released
March 2, 2023
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At a Glance
On February 28, 2023, the Home Office issued updated employer guidance on right to work (RTW) checks regarding:
- Liability for employers relying on Identity Service Providers (IDSPs) to support manual and Home Office online RTW checks of British and Irish nationals;
- Change of process for timely filed work visa extension applications without sufficient documentation;
- How to manage short-dated Biometric Residence Permits (BRPs) where the end-date does not align with individual immigration permission;
- When RTW checks will not be accepted as valid when based on poor quality photographs; and
- A new acceptable document that if checked, would satisfy the RTW procedure.
The situation
The Home Office issued updated employer guidance on right to work (RTW) checks.
A closer look
Guidance included the following:
| Updated Guidance | Previous Guidance | Impact |
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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.
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When engaging an IDSP to assist with conducting RTW checks for British and Irish citizens, employers must ensure that they are obtaining the required evidence of the check from the IDSP and conduct the likeness check themselves shortly before or on day one of employment. This will protect them from facing civil liability which can include penalties of up to GBP 20,000. |
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Previously, employers in this scenario only had the option of the ECS option. | The burden will now be on the employer to determine an individual’s status and review internal processes to ensure the correct follow-up option is completed. |
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There was no guidance on whether short-dated BRPs could use online RTWs. |
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There was no previous guidance on this issue. |
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Previously, this document was not on the list. | Applicants will benefit from having an additional document available for use to establish a statutory excuse. |
Background
- Online RTW introduced. UK Visas and Immigration introduced an online service to check eligible foreign nationals’ right to work in 2019.
- COVID-19 pandemic impact. During the COVID-19 pandemic, many concessions were granted around RTW checks to make it easier for employers to onboard individuals. The concessions expired on September 30, 2022.
- Regular updates. The new guidance was provided as part of a regular update by the Home Office to clarify or add guidance to compliance requirements.
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].
