Employers must do one of the following before the employee commences employment:
Before you employ a new employee, you must check that the job applicant is allowed to work for you in the UK. Employers can either:
- Manual right to work check
- Right to work check using IDVT via the services of an IDSP
- Home Office online right to work check
- Employer Checking Service
Manual Right to Work Check
There are three steps to conducting a manual document-based right to work check.
Obtainn
Obtain original documents from either List A or B
Check
Check that the documents are genuine and that the person presenting them is the prospective or existing employee .
Make a clear copy of each document in a format which cannot manually be altered
*All copies of documents taken should be kept securely for the duration of the worker’s employment and for two years afterwards.
** You should ensure that you do this in the presence of the holder. This can be a physical presence in person or via a live video link. In both cases you must be in physical possession of the original documents.
Right to work check using IDVT via the services of an IDSP
Employers can use Identity Document Validation Technology (IDVT) via the services of an IDSP to complete the digital identity verification element of right to work checks for British and Irish citizens who hold a valid passport (including Irish passport cards).
It is not mandatory for you to use a certified provider; you may use a provider not featured within the list available for you to choose from on GOV.UK if you are satisfied that they are able to provide the required checks.
* You must retain a clear copy of the IDVT identity check output for the duration of employment and for two years after the employment has come to an end.
**Can be done remotely.
Home Office Online Right to Work Check
The Home Office online service supports checks for a range of individuals, depending on the type of immigration documentation they are issued with like Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP).
Change: You cannot accept or check a physical BRC, BRP or FWP as proof of right to work.
*Employers will not be able to accept or use share codes which begin with the letter ‘R’ or ‘S’ as these are designed for other services. Only share codes with ‘W’ are acceptable.
**The online service allows checks to be carried out by video call.
Employer Checking Service (ECS) to verify right to work
In any of the following circumstances please contact ECS:
- You are presented with a document (non-digital CoA or an acknowledgement letter or email) confirming receipt of an application to EUSS on or before 30 June 2021
- You are presented with a non-digital CoA confirming receipt of an application to the EUSS on or after 1 July 2021
- You have checked a digital CoA, using the online service, confirming receipt of an application to the EUSS on or after 1 July 2021, and been directed to the ECS
- You are presented with a valid Application Registration Card stating that the holder is permitted to undertake the work in question. Any work will be restricted to employment in a shortage occupation
- You are satisfied that you have not been provided with any acceptable documents because the person has an outstanding application with us which was made before their previous permission expired or has an appeal or administrative review pending and, therefore, cannot provide evidence of their right to work
- You consider that you have not been provided with any acceptable documents, but the person presents other information indicating they are a long-term resident of the UK who arrived in the UK before 1988.
When do you conduct follow up checks?
You need to recheck the right to work of those individuals who have time-limited permission to work in the UK.
