Update on Right to Work Checks

Further update published

On 17 January 2022, the Home Office published further updated Right to Work (RTW) Check guidance for employers. The guidance confirms that from as early as 6 April 2022 employers will be able to use a digital right to work check tool for employees holding valid British and Irish passports.

Background

Employers will be aware that the Home Office introduced temporary adjustments to right to work (RTW) checks as a result of the covid-19 pandemic. These adjustments currently allow employers to carry out RTW checks remotely and will continue in place until 5 April 2022.

Given the notable move by employers towards permanent hybrid and remote working practices, the Home Office has been working towards implementing new legislation to establish a UK Digital Identity and Attributes Trust Framework. This Framework will set out the rules and standards for organisations to follow in order to carry out secure and trustworthy digital identity checks.

Proposed changes

Relevant changes to legislation will take effect from 6 April 2022, enabling employers to use certified Identity Service Providers (IDSPs) to carry out digital identity checks using new Identity Document Validation Technology (IDVT) on their behalf. The use of IDVT will enable employers to use online checking services for employees, such as British and Irish citizens, who cannot currently use the online Home Office checking service.

What will the changes look like?

From 6 April 2022, the way in which RTW checks are carried out, will depend on the nationality and immigration status of the employee. The following key points are worth noting:

• Manual RTW checks will no longer be permitted for certain employees. Employers will need to use the Home Office online checking systems for EU nationals or holders of BRCs/BRPs and frontier worker permits;
• Certified IDPS will be able to complete the digital identity verification and eligibility element of checks on behalf of employers for British and Irish nationals who hold valid passports or valid Irish passport cards;
• Manual RTW checks will still be required for British and Irish citizens holding expired passports.

Further details on the use of IDSPs and the associated costs are expected to be published closer to the release date. In the meantime we would encourage employers to ensure they are ready for the purposed changes to the RTW scheme as compliance is essential to avoid civil penalties in the event of illegal working.

Get in touch

If you have any queries about these changes or right to work requirements, please get in touch with a member of our team.