Why Right to Work Checks Are Crucial

Under UK law, every employer must verify the immigration status of their employees before they start working. Failure to conduct these checks correctly can result in:

• Civil penalties: Up to £60,000 per illegal worker.
• Criminal charges: For knowingly hiring illegal workers, employers can face unlimited fines or even up to 5 years in prison
• Reputation damage: Non-compliance can result in severe scrutiny from the Home Office, impacting your company's reputation and operations.

The consequences for non-compliance are severe, underscoring the importance for employers to conduct rigorous Right to Work checks and maintain accurate records of their workers' immigration status (GOV.UK) (Wired-Gov).

Types of Right to Work Checks

Employers must conduct one of three types of Right to Work checks, depending on the employee's immigration status:

1. Manual Checks

Employers examine the original documents provided by the employee (e.g., passports or visas) in person and ensure they are genuine. A copy of the documents must be retained for the duration of the employee's employment, plus two additional years.​

2. Online Checks

For employees with Biometric Residence Permits (BRP), e-visas, or Frontier Worker Permits, employers are required to use the Home Office's online service. The employee provides a share code, and the employer uses this to verify the immigration status digitally.

3. Identity Service Provider (IDSP) Checks

For British and Irish citizens, employers can use a certified Identity Service Provider to carry out digital identity verification. This method, which became permissible from 6 April 2022, is particularly helpful in reducing manual workloads for HR teams​.

Recent Changes to Right to Work Checks

With new immigration regulations post-Brexit, employers must stay updated to remain compliant. Key changes include:

How the Right to Work App Simplifies Compliance

The Right to Work App from Work Permit Cloud offers a streamlined solution for businesses to manage Right to Work checks efficiently and accurately:

• Real-Time Digital Checks

The app automatically verifies documents in real-time, reducing the risk of human error and ensuring compliance with Home Office guidelines

• Secure Data Storage

Compliance records are securely stored for the legally required retention period, ensuring businesses are always prepared for audits or inspections.

• GDPR Compliant

The app ensures that all employee data is handled securely in line with GDPR regulations, so employers don't have to worry about data protection issues.

• Automated Notifications

The app sends real-time alerts about any changes in an employee's immigration status, helping employers avoid penalties and manage ongoing compliance effortlessly

Best Practices for Employers

To remain compliant with Right to Work regulations, employers should:

• Conduct manual or online checks before employment begins, depending on the employee's immigration status.
• Use the Right to Work App to automate and streamline the process, ensuring checks are carried out accurately.
• Maintain secure, auditable records of all checks for the required retention period.
• Stay updated with immigration law changes, as non-compliance can result in substantial fines and even criminal charges.

Conduct manual or online checks before employment begins, depending on the employee's immigration status

The Right to Work App is designed to simplify compliance, ensuring your business avoids the penalties and challenges associated with illegal working. With features like real-time digital checks, secure data storage, and automated alerts, the app helps businesses stay compliant without the administrative burden. Stay ahead of evolving immigration laws and keep your workforce legal with the Right to Work App.

Want to learn more about how the Right to Work App can benefit your business?

Contact us for more information.