Updating your practices around right to work checks

From 1 October 2022, there will only be three main methods of checking an individual’s right to work in the UK – online, manual and using an Identity Service Provider (IDSP). The method an employer uses will depend on the immigration status of the individual and the documents they hold.

IDSPs
A list of those who are recognised IDSP is found at:

https://www.ukas.com/resources/latest-news/uk-digital-identity-and-attributes-trust-framework-pilot/

The fees for each can differ and they may offer different service packages.

An IDSP is intended to be used for holders of valid British and Irish passports only. Individuals with other immigration statuses or who do not hold a valid British or Irish passport will not be able to be checked using IDSP.

It is not mandatory to use one of these services – you can still check British and Irish nationals documents manually.

Temporary COVID changes ending

Temporary changes to right work check requirements introduced on 30 March 2022 due to the COVID-19 pandemic which allow checks to be carried out over video call and for scans or photographs of documents to be checked rather than original documents will also end on 30 September 2022.

To prepare for the changes, employers should:

• Consider the percentage of employees who hold various immigration documents and the rate of staff turnover. This will help to decide whether it is worth the employer using an IDSP.
• Determine how it will conduct manual checks on relevant employees following the end of the temporary COVID-19 related concessions.
• Create step-by-step guides for those conducting right to work checks and ensure whoever is conducting the checks understands when to use each method and what that involves.

Refreshing Law Ltd
23 September 2022