Right to Work Checks
Right to Work Checks
What are Right to Work Checks?
A Right to Work Check is a process by which employers verify that an individual has the legal right to work in the UK. This check is mandatory for all employees, whether they are UK nationals, European Economic Area (EEA) nationals, or non-EEA nationals. The purpose is to ensure that employees do not work illegally or without the proper immigration status.
Right to Work Checks must be conducted before an individual starts work, and the employer must retain evidence of the check for future reference. Failing to carry out proper checks could result in substantial fines or penalties for the employer.
When Are Right to Work Checks Required?
Employers are required to carry out Right to Work Checks on:
- All new hires: Employers must check that a person is eligible to work in the UK before offering employment.
- Existing employees: If there is a change in the employee’s immigration status (e.g., their visa is about to expire or they are transitioning from one visa type to another), employers must re-check their eligibility to continue working.
- Contractors or freelancers: If your business engages self-employed workers, they must also undergo the same checks.
How to Conduct Right to Work Checks
There are two main methods of conducting a Right to Work Check:
Manual Document Checks:
- Employers should ask employees to provide original documents that prove their right to work in the UK. These could include:
- Passport (if they are a British citizen or EEA national)
- Residence Permit (for non-EEA nationals)
- National Identity Card (for EEA nationals)
- Employers should visually inspect the documents and ensure they are valid and original.
- Once the check is complete, employers should make a copy of the document and keep it in their records.
- Employers should ask employees to provide original documents that prove their right to work in the UK. These could include:
Online Right to Work Check:
- For employees who hold Biometric Residence Permits (BRP), EU Settled Status, or EU Pre-settled Status, employers can conduct the check online through the Home Office’s Employer Checking Service.
- Employees will provide a share code, and the employer can view and verify the individual’s immigration status online.
- A record of the online check must be saved for compliance.
What Documents Are Accepted for Right to Work Checks?
The UK government provides a list of documents that employers can use to verify an employee’s eligibility to work in the country. These documents fall into two lists:
List A (for individuals who have a permanent right to work in the UK):
- Passport (UK or other nationals)
- Biometric Residence Card (for non-EEA nationals)
- Permanent Residence Card
- Settled Status (via the EU Settlement Scheme)
- Naturalisation Certificate
List B (for individuals who have a time-limited right to work in the UK):
- Work visa
- Student visa
- Temporary Residence Permit
It is important to verify the documents carefully to ensure they meet the requirements and that they are genuine.
What Are the Consequences of Not Performing Right to Work Checks?
Employers who fail to carry out proper Right to Work Checks risk facing severe consequences:
- Fines: Employers who hire someone without the right to work in the UK can face fines of up to £20,000 per employee.
- Reputational Damage: Non-compliance can lead to a loss of reputation and trust in the business.
- Criminal Liability: In extreme cases, employers could face criminal charges, especially if the violation is intentional or part of a pattern of behavior.
- Suspension or Revocation of Sponsorship Licence: If your business holds a Sponsorship Licence, failing to comply with Right to Work Checks may result in suspension or revocation of your licence, which would impact your ability to sponsor skilled workers.
How AK Immigration Services Ltd Can Help
At AK Immigration Services Ltd, we provide comprehensive support to ensure your Right to Work Checks are completed correctly and in accordance with UK law. Our services include:
- Guidance on Compliance: We will help you understand your legal obligations and ensure your business is compliant with the latest regulations.
- Documentation Assistance: We provide advice on the correct documents to request and check during the verification process.
- Online Right to Work Checks: We assist in navigating the online checking system, ensuring that your business is using the correct method.
- Training for HR Teams: We offer training to your HR team on how to conduct Right to Work Checks and handle any issues that may arise.
- Audit and Record-Keeping Support: We help you maintain the necessary records and ensure your documentation is up-to-date for compliance inspections.
Key Responsibilities for Employers
As an employer, your responsibilities for Right to Work Checks include:
- Performing checks before employment: You must ensure that all new employees or contractors are eligible to work in the UK before they start.
- Keeping records: You must retain copies of the documents used for Right to Work Checks and keep them on file for at least two years after the employee leaves your company.
- Regular follow-ups: For workers on time-limited visas, you must conduct re-checks before their visas expire.
- Reporting obligations: If you find that an employee no longer has the right to work, you must inform the Home Office.
Conducting Right to Work Checks is a crucial part of ensuring your business remains compliant with UK immigration laws. Failure to carry out proper checks can result in severe penalties, including fines and loss of business reputation. At AK Immigration Services Ltd, we help businesses navigate the complex process of verifying employees’ eligibility to work in the UK, ensuring compliance and reducing the risk of non-compliance. Our expert team offers guidance and support, helping you stay on top of your obligations and avoid costly mistakes.
