Changes to Right to Work Checks Announced

Importance of Right to Work Checks

Performing right to work checks is a key part of UK employment legislation and is seen as a major step in preventing illegal working. If you do not conduct the required checks correctly and employ someone who does not have the right to work in the UK, you could face significant financial penalties. Therefore, it is vital you are aware of any changes in employment check processes.

The UK Home Office recently updated the right to work guidance for businesses employing overseas workers, especially concerning the EU Settlement Scheme (EUSS) and the introduction of eVisas.

EUSS Workers

Under the updated rules, employers will only have to carry out a right to work check for EUSS pre-settled and settled status holders at the start of their employment. Before the changes, it was necessary to conduct repeat right to work checks on a regular basis.

As an employer, you are permitted to carry out ongoing right to work checks on employees, but you should ensure you are not discriminating against certain workers by doing so.

Right to Work Checks and eVisas

Employers should be aware the UK is phasing out the current physical Biometric Residence Permits (BRP) and replacing them with digital eVisas.

The current target is to replace all BRPs by the end of 2024 and this date is reflected on workers’ permits, even if they have permission to stay in the UK beyond this date.

This means employers should check their staff member’s online profile for the current expiry date rather than rely on the BRP information. Follow-up right to work checks do not need to be carried out until their permission expires if that date is after the BRP expiry.

Application Registration Card Changes

Application Registration Cards (ARCs) are issued to asylum claimants to show they have made a claim. Those with an outstanding claim of more than 12 months do have permission to work. Holders granted permission to work before 3^rd April 2024 are restricted to work in roles covered by the Shortage Occupation List and this will be reflected on the ARC.

Those given the right to work in the UK after 3^rd April 2024 will be limited to employment in jobs on the Immigration Salary List.

Changes mean employers can now accept the ARC as part of a right to work check, but they must also use the Employer Checking Service to receive a Positive Verification Notice for the potential staff member.

Employers must then conduct a follow-up right to work check within six months to ensure ongoing compliance with immigration law.

How Can IAS Help?

Right to work checks are a crucial part of employing workers from overseas and it is important to ensure you are following the latest advice otherwise you could have your Sponsor Licence revoked or face fines of up to £60,000.

However, if you are new to using migrant workers it can be daunting to ensure you are complying with the UK immigration system fully.

At IAS, we can provide help to your company to comply with all immigration rules and support you in employing overseas staff correctly.

For more information on our HR services, reach out to us on 0333 4149244, or contact us online today.