Changes to right to work checks


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Currently British and Irish citizens are unable to evidence their right to work through the Home Office online checking service so manual checks must be carried out.  As of 6 April, the Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc Regulations 2022 come into force.

They will enable employers to use Identification Document Validation Technology (IDVT) service providers to digitally verify the identity of British and Irish citizens with valid passports (or Irish passport cards) for the purpose of right to work checks as an alternative to conducting a manual check.  Two associated revised codes of practice will also come into force on 6 April 2022.

The new service is provided via certified IDVT providers, acting on behalf of employers.  If an employer uses an IDVT provider it must obtain a clear copy of the IDVT identity check, and the document checked, in an unalterable format to obtain a statutory excuse from paying a civil penalty for employing an illegal worker.  The employer will have to make sure that their provider is certified to meet the required standards and must retain a clear copy of the IDVT identity check and the documents checked for at least two years after the employment has come to an end.

Another change is that, from 6 April, holders of biometric residence cards, biometric residence permits or frontier worker permits will have to use the Home Office online service to evidence their right to work.  Physical cards will no longer be acceptable for right to work checks.

Finally it's worth remembering that the Covid adjusted right to work check measures, whereby right to work checks can be carried out over video and scans or photos of documents can be sent to the employer rather than the originals, have been extended to 30 September.

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