New Online Right to Work Checking Service

    View Authors February 2019
    The Home Office has updated its Employer’s Guide to Right to Work Checks and its Code of Practice on Preventing Illegal Working to include details of a new online right to work checking service. 

    How Does It Work?
    • Employers now have the option to complete online right to work checks as well as manual ones.
    • Employers can use this new online service if the employee has either:
      • A biometric residence permit (BRP)
      • A biometric residence card (BRC)
      • Been granted pre-settled or settled status under the EU Settlement Scheme
    and chooses to share details of their right to work with their employer via Prove Your Right to Work.
    • Prove Your Right to Work allows an employee with a document or status listed above to first view their own Home Office right to work record. The employee can then choose to provide their prospective or current employer with a “share code” and their date of birth. 
    • The employer can then use View a Job Applicant's Right to Work Details to obtain a statutory excuse, by reviewing the employee’s right to work details, checking that the photo shown is of the employee in question and retaining a clear copy of the “profile” page confirming the employee’s right to work. 
    • The new service is voluntary. Where an employer in unable to conduct an online right to work check, it should conduct a manual right to work check on the specified documentation listed in the Home Office’s List A or List B.
    • This system has been set up, in part, to enable employers to check whether EU citizens have pre-settled or settled status from 1 January 2021. However, until then, the Home Office has confirmed that even in a no-deal scenario, EU citizens will continue to be able to evidence their right to work using a passport or national identity card. In addition, employers will not be required to carry out retrospective right to work checks on existing EU employees, only on new starters from 1 January 2021.
    Read our Right to Work Essentials for further guidance on immigration compliance and protecting your business from illegal working civil penalties.