I know you’ve heard it all before but believe me when I say that the temporary changes to the right to work checking process introduced by the government at the start of the dreaded pandemic are finally coming to an end on 30 September 2022 (subject, of course, to what our brand new Prime Minister and Home Secretary might have to say on the matter!)
This means that from 1 October 2022 you’ll no longer be able to check right to work documents remotely via video call, nor will you be able to accept scanned copies of original right to work documents.
No: instead, you’ll need to make sure that you’re fully up to speed on the correct right to work check processes to ensure you’re fully compliant with the Home Office’s requirements.
What does this mean for you?
Well, you’ll need to complete one of the following processes before any new employee starts working for you:
- Completing a manual right to work check. Essentially, you can go back to pre-pandemic days (if you can remember such a wonderful time) and check a new recruits original right to work documents yourself.
- Completing a check using a third-party provider. For British and Irish citizens, you can work your way through the government’s latest set of acronyms and use ID Validation Technology (IDVT) via the services of a third-party Identity Service Provider (IDSP) who will do the right to work check for you and send you a report confirming the new recruit’s right to work in the UK.
- Completing a Home Office online right to work check. For any individual who has been issued an eVisa (i.e. a Biometric Residence Card, Biometric Permit and Frontier Worker Permit holders) you can check their right to work in the UK using the Home Office’s online tool.
“Why is this important” you ask?
It’s quite simple really: getting right to work checks wrong can have some really serious consequences which you will want to avoid. For instance, if you’re found to have employed somebody who does not have the right to work in the UK and can’t show that you’ve completed a right to work check, your organisation could face a civil penalty of up to £20,000 per illegal worker or your directors might face prosecution and/or disqualification. Completing and recording a basic check can avoid all of that, so it’s best to get it right first time.
If you’re struggling to sleep, you might wish to familiarise yourself with the Home Office’s full guidance (https://www.gov.uk/government/publications/right-to-work-checks-employers-guide/an-employers-guide-to-right-to-work-checks-6-april-2022-accessible-version#how-to-establish-a-statutory-excuse-for-right-to-work-checks) which breaks down the right to work check process in great detail and confirms what documents are and aren’t acceptable.
Otherwise, if you want to talk through any right to work check issues you’re having please give me a call on 07920 288 965.
Philip Pearson
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