Obtain Original Documents

Employers must request original documents from the employee that prove their right to work in the UK. Acceptable documents are listed in two categories:

• List A: Documents proving indefinite right to work in the UK (e.g., British passport, indefinite leave to remain).
• List B: Documents showing a temporary right to work (e.g., a visa with a time limit).

Check the Documents’ Validity

Carefully examine the original documents to ensure they are genuine and valid. This includes checking:

• Photographs and dates of birth are consistent across documents.
• Expiry dates have not passed.
• The documents are not damaged or tampered with.
• Any relevant endorsements match the employee’s work conditions.

Make and Retain Copies

Make clear and legible copies of the documents, retaining these copies securely. Include:

• The front cover and personal details page of a passport.
• Both sides of a biometric residence permit.
• A clear copy of all other documents used to prove the right to work.

Ensure that you record the date on which the check was conducted.

Record the Date of the Check

Document the date you performed the Right to Work Check. This can be written on copied documents or stored digitally.
Follow-Up Checks

For employees with time-limited permission to work, employers must conduct follow-up checks before the employee’s right to work expires. This usually occurs in cases where the employee has a temporary visa.
Online Right to Work Check

Employers can use the Home Office’s online Right to Work Checking Service. This is mandatory for those who hold a digital immigration status:

1. Obtain a share code from the employee.
2. Use the code to access the employee’s right to work details on the official government website.

Retain a copy of the response provided by the online service.
Latest Updates (as of July 2024)

• Digital Status Transition: Holders of Biometric Residence Permits (BRP) and other similar documents are transitioning to digital statuses.

• Simplified Checks for Pre-Settled Status Holders: The process has been streamlined for those with pre-settled status.

• Changes for Asylum Seekers: New details on permissions for asylum seekers have been included

Retention Period

Employers must keep copies of the right to work documents for the duration of the employee’s employment and for two years after the employment ends.
Penalties for Non-Compliance

Failing to conduct the Right to Work Check can result in severe penalties, including:

• A civil penalty of up to £20,000 per illegal worker.
• Potential criminal charges leading to imprisonment and an unlimited fine.
• Damage to the company’s reputation and ability to sponsor visas in the future.

Best Practices

• Regular Training: Ensure staff responsible for hiring are regularly trained on Right to Work Checks.
• Consistent Processes: Implement a standardized process for conducting and recording checks.
• Legal Advice: Seek legal advice if there is any uncertainty regarding the documents or the process.

Resources

For more detailed information, employers can refer to the Home Office guidelines on Right to Work Checks:

• Home Office Right to Work Checks
• Employer’s Guide to Right to Work Checks

This guide ensures employers comply with UK immigration laws and helps prevent the employment of illegal workers. By following these steps, employers can protect their businesses and support a fair and legal working environment