Navigating the complexities of immigration laws and employment regulations is a significant hurdle for many employers, especially small and medium-sized enterprises (SMEs). With potential fines for non-compliance escalating from £20,000 to £60,000, conducting accurate right-to-work checks is more crucial than ever to protect your business from civil penalties and reputational damage. This guide aims to clarify the types of checks to perform based on an employee's specific situation. Note, however, that this guide won't cover every scenario or document relevant for right-to-work checks.
Types of Checks
Digital Checks for BRP Card or EU/EEA-National with an E-Visa/EU Settlement Scheme (EUSS)
If your new hire holds a Biometric Residence Permit (BRP) or has Settled or Pre-Settled Status under the EUSS, a digital check is mandatory. The Home Office provides an online service that requires a share code from your new employee. Confirm that the displayed photo matches the employee, and then download and store the 'profile page' as proof of their right to work.
Physical Check or Use of IDSP for British and Irish Nationals
For British and Irish nationals, you'll need an original document such as a passport or a birth certificate, plus an official document featuring their National Insurance number. Validate the employee's identity in person or via a video call, and note the date of the check. A government-certified Identity Service Provider (IDSP) can also be employed, particularly useful for remote onboarding.
Physical Check for Visa Vignettes (Short-Term Visas)
Employees with visa vignettes valid for up to six months require a physical check or use of the Employment Checking Service (ECS). Verify the document's authenticity, make a record of the check, and retain this information.
Timing of Checks
Before Starting Work
Complete all checks before the employee starts work—no exceptions. Failure to do so exposes you to legal repercussions, as you won't have a statutory excuse against civil penalties.
Follow-Up Checks for Time-Limited Permissions or Change of Role
If an employee has a time-limited work permit or changes roles within the company, you'll need to conduct follow-up checks. For sponsored employees, ensure the new role's duties align with the original Occupation Code on their Certificate of Sponsorship (CoS). If not, a new visa application is required, and the employee must wait for approval before assuming the new role.
Employment Checking Service (ECS)
When and Why to Use the ECS
The ECS comes in handy when facing uncertainties like pending visa applications or when an employee holds a short-term visa vignette. It provides an extra layer of compliance security and peace of mind by confirming an employee's right to work.
Practical Tips
Final Thoughts
The digitalisation of right-to-work checks has simplified the compliance process, making it more robust and transparent. Failure to comply can lead to hefty fines and reputational damage. By adhering to these guidelines, you can safeguard your organisation's integrity and focus on what matters most: running your business successfully.
For additional support in navigating the complexities of right-to-work compliance, contact Gavin Webster, Director at Immtell, a leading UK immigration consultancy, at www.immtell.com or gavin@immtell.com.
Driven immigration professional with two decades of expertise in UK immigration services, my prime focus is assisting clients and organisations seamlessly navigate the complexities of UK immigration…
