Updated Right to Work Checks Guidance: Key Updates from the Home Office.

Posted on Jul 4, 2024

Updated Right to Work Checks Guidance: Key Updates from the Home Office.

04/07/2024

-On June 21, 2024, the Home Office issued updated guidance for employers on right to work checks. The main updates are highlighted below, brought to you by UK Employee Checks, a leading pre-employment screening company.

Right to Work Checks

EU Settlement Scheme (EUSS)

  • No Repeat Checks for Pre-Settled Status: Employers no longer need to conduct repeat right to work checks for employees with pre-settled status under the EU Settlement Scheme (EUSS). A single check before employment begins is sufficient for both pre-settled and settled status holders.
  • Extended Pre-Settled Status: As of May 2024, the government has extended the duration of pre-settled status from two to five years. The expiration date for pre-settled status will no longer be shown in digital profiles used for Right to Work, Right to Rent, and View and Prove services. Employers, landlords, and letting agents are not required to perform additional checks as long as the individual remains employed or in their tenancy.

Biometric Residence Permits (BRPs)

  • No Immediate Re-Check Required: Employers do not need to re-check an employee’s work permission until it is due to expire, even if the physical BRP card expires on December 31, 2024.
  • Transition to Digital Proof: Physical residence documents will be phased out by the end of 2024, replaced by digital proof of immigration status (eVisas). BRP cards may show an expiration date of December 31, 2024, but the online profile will display the actual expiry date of the holder’s immigration permission. If December 31, 2024, is used as the expiry date, a follow-up check will be necessary.

Asylum Claimants

  • Application Registration Cards (ARCs): The guidance clarifies requirements for employers of asylum claimants with ARCs, which serve as proof of an asylum claim.
  • Permission to Work: Asylum claimants can apply for and potentially receive permission to work if their claim has been pending for over 12 months through no fault of their own.
    • Before April 3, 2024: Claimants granted permission to work can only work in jobs on the shortage occupation list. Their ARC will state “work permission shortage OCC.”
    • After April 4, 2024: Claimants granted permission to work are restricted to jobs listed in the Appendix: Immigration Salary List. Their ARC will state “Permission to work para 360.”
  • Verification and Follow-Up: Employers can accept an ARC if they verify the right to work and any restrictions through a Positive Verification Notice (PVN) issued by the Employer Checking Service (ECS). This verification is valid for six months, after which a follow-up check must be performed to maintain the statutory excuse.

Immigration Compliance Support

  • Mandatory Checks: Right to work checks are mandatory for all UK employers.
  • Penalties for Non-Compliance: Employers can face a civil penalty of up to £60,000 for each worker employed illegally without the right to work, or if the correct checks were not performed. Non-compliance can also lead to the loss of sponsorship licenses and potential criminal convictions.

For any questions or further assistance with right to work checks, contact UK Employee Checks, your trusted partner in pre-employment screening and immigration compliance support.