In yet another step towards the digitisation of immigration applications, the Home Office has launched a new online system which aims to simplify the way in which employers can conduct and evidence right to work checks.

Two-fold process
The new process is two-fold. The first stage requires the employee to verify their right to work in the UK by using the online system, at the end of which they will receive a code to share with their employer.To use the service the employer must visually check the applicant’s passport, inputting their date of birth along with their share code to view the applicant’s right to work in the UK. To complete the check, the employer must then verify the picture appearing in the online right to work check is of the applicant.

Once the process has been completed, the online service produces a Right to Work check which will give details of the date on which the check was carried out, and a reminder to complete the check again when the employee’s leave is due to expire. This page can be printed or saved for the employer’s records.

Employers are not obliged to use the new system and may continue to use the manual right to work check procedure to check a job applicant’s right to work in the UK. By utilising online service employers can have more confidence in the way the right to work check is recorded and kept.

An employer able to demonstrate that the check has been made in accordance with the published guidance, will have a statutory excuse against liability for a civil penalty.

Who can use the service?
The online Right to Work Checking Service can be used by non-EEA nationals who hold biometric residence permits or biometric residence cards and EEA nationals who have been granted settled status under the EU Settlement Scheme.

Get in touch
For further information on recent and forthcoming changes to UK and US immigration law contact your assigned LDS lawyer or enquiries@lauradevine.com.