Did you know that the Home Office has a right to work checking service that was launched in April 2018?

It is free to use and enables a UK employer to check the current right to work of a person and to see if they’re subject to any restrictions.

The system is operated by the individual who views their record online, but they can then share this information with an employer if they want to by providing their employer with “a share code”. Up until now employers have still needed to request paper documents alongside any employee who chose to use that share option however, from 28th January 2019 an employer will be able to rely solely on the online check if their perspective employee has an immigration status that can be checked using the service.

The service can be used by non-EEA nationals who hold biometric residency permits or biometric residence cards and EEA nationals who have been granted immigration status under the EU settlement scheme. EEA nationals who have not been granted status under the EU settlement scheme will still need to demonstrate their right to work using the appropriate documentation. More complex scenarios may lead to the employee being told they can’t use the service.

The employer using the online service will be excused from a civil penalty if the online check confirms that the employee is allowed to work in the UK and perform the work in question, the employer satisfies itself that any photograph on the online right to work check is of their employee, the employer retains a copy of the online check for at least 2-years after employment ends, and it obtains and retains details of the term and vacation dates of any persons course of study if they’re a student.

Also, from 28th January 2019 you can accept birth and adoption certificates together with the National Insurance number when conducting right to work checks for British citizens who don’t hold a passport. The web address for the employer checking service is www.gov.uk/employee-immigration-employment-status.