How an employer verifies an individual’s right to work in the UK is changing

How an employer verifies an individual’s right to work in the UK is changing. From 1 October 2022, the method an employer will use to verify right to work documents will be dependent on two key factors:

• the immigration status of the individual; and
• the documents that the individual holds.

With the removal of the much-liked Covid 19 video verification concession, there will be only three verification options available moving forward:

1. Using the Government’s online portal (which can be accessed here);
2. Manually checking hardcopy documents; and
3. Using an Identity Service Provider (IDSP).

In order to use the Government’s online portal, the immigration status of the individual must be evidenced with one of the following:

• Biometric Residence Permit (BRP);
• Biometric Residence Card (BRC);
• Frontier Worker Permit; or
• An E-Visa (for example EU Settled Status, EU Pre-settled Status or those who used the UK Immigration: ID Check application to apply for immigration permission).

For all other individuals (including those with a valid UK or Irish passport), their immigration status can either be checked manually (in person), or by using an IDSP. An IDSP is a Government approved certificate document validation service provider, who can carry out digital identity checks.

Employers must be aware that from 1 October 2022, manual checks by video call or by reviewing a scan/photograph of documents will no longer be compliant with the law. Employers must physically see the original documents to meet the requirements of a manual check. The only methods of remote identity verification are the Government’s online portal, or an IDSP.

If you are unsure about what checks you need to undertake to be compliant with the law, or if you require advice on how to prepare for these changes, please do get in touch with our team, here.