SEPTEMBER 2022
Right to Work Changes for 1st October 2022
The Home Office have confirmed changes to ‘Right to Work’ (RTW) practices effective from 1st October 2022.
From 1st October Covid-19 adjusted RTW checks will no longer be permissible.
Since the 6th April there have been two categories of RTW checks: (a) a Home Office online check or (b) a manual/Covid-19 adjusted check. The type of check an employer is required to conduct depends on the immigration status of the applicant.
Key Points
- UK/Irish Passport Holders
- Covid-19 adjusted right to work checks will cease on 30 September 2022 for all those without a digital Home Office status (UK/Irish nationals).
- In-person manual checks will be reinstated from 1st
- The University is exploring options surrounding the use of IDSP in exceptional circumstances. IDSP arecertified ‘identification document validation technology service providers’ who carries out digital identity checks in respect of individuals who are not in scope to use the Home Office online services, on behalf of the employer.
- Retrospective checks for those who have had covid-19 adjusted checks will not be necessary provided they were undertaken in line with the government code of practice and guidance.
- Home Office Online Check – Digital Status (All EEA/Swiss, BRP, FWP and BRC Holders)
- From 6 April 2022 it has been mandatory for individuals with a digital Home Office status ‘share code’ to evidence their Right to work using the Government’s online tool this remains unchanged.
- For those with physical Biometric Residence Permit Cards, Biometric Residence Cards, status under the EU Settlement Scheme, Frontier Worker Permit or an eVisa, these cards are no longer permissible even where the cards continue to be valid by date. RTW will be required via the online tool.
- RTW checks will take place in the presence of the employee either in-person or by video call to check, copy and retain documentation utilising the Share Code and whilst viewing the ‘employers screen’.
- Where individuals are yet to receive their BRP and digital status they are permitted to commence work/engagement in-person based on their passport vignette, with a follow up required upon receipt of the digital status ahead of the vignette expiry date.
Retrospective RTW checks on those who used a BRP, BRC or FWP to prove their RTW before 6 April 2022 will not be required except in circumstances whereby there has been a break in service.
As a reminder, all employers in the UK have a responsibility to prevent illegal working, and as a Home Office licensed and trusted sponsor it is particularly important that we role model best practice, with any areas of non-compliance being subject to a Home Office £20,000 civil penalty. Right to Work checks are therefore essential for all candidates before employment/engagement commences to ensure an individual is not disqualified from carrying out the work in question by reason of their immigration status.