Business Immigration Solicitors

Employers were permitted to undertake right to work checks for British and Irish nationals remotely, for instance via video-calling, as part of a COVID-related concession but this is all set to change.

The guidance ensured employers and employees maintained social distancing during the pandemic but as of October 1, 2022, right to work checks undertaken for British and Irish nationals must be carried out manually.

In short, original documents, such as passports, must be reviewed in-person. Right to work checks can only continue to be undertaken remotely for British & Irish citizens via a certified digital Identity Service Provider (IDSP).

From 1st October 2022, employers must carry out right to work check using one of the following methods:
1. A manual right to work check;
2. A right to work check using IDVT via the service of an identity service provider (IDSP); or
3. A Home Office online right to work check.

It has been mandatory for employers to undertake Home Office online checks since April 6, 2022, (via the share code method) for any individual holding a biometric residence permit/card.

According to The Migration Observatory at the University of Oxford, non-UK nationals make up an estimated 18% of the UK workforce, equating to roughly 5.9 million people, therefore it is important for employers, and employees, to be aware of the right to work framework in the UK.
Employers that fail to undertake adequate right to work checks, or any check at all, are liable to be fined up to £20,000 for every illegal worker that is employed.

Duncan Lewis expert business immigration team regularly advises employers on the right to work framework in the UK, and other compliance matters, as well as assisting companies apply for sponsorship licences to employ overseas workers.
As part of the criteria for assessing a sponsorship licence the Home Office will review a company’s immigration compliance record. It is therefore vital for sponsors of overseas workers to ensure that they have robust systems in place to ensure right to work checks are being conducted correctly.

Should you have any queries on the current right to work system, or the method of checking an employee’s right to work, please do not hesitate to contact the rivate immigration team at Duncan Lewis Solicitors.

Business immigration director Vicash Ramkissoon has extensive experience advising international businesses and high-net-worth individuals in complex matters including judicial review matters, in particular, challenges on behalf of PBS applicants. Contact him for advice via email vicashr@duncanlewis.com or via telephone on 020 3114 1105.
Caseworker Oliva Doherty assist Vicash and his in the day-to-day progression of cases and applications in a range of immigration matters and can be contacted via email at oliviad@duncanlewis.com or via telephone on 020 7275 2796.