Digital Right to Work Checks and eVisas

As the landscape evolves, even the Home Office and UK Visas and Immigration (UKVI) are transitioning from a traditional paper-based approach to a fully digital immigration status system. In these unprecedented times, a new and user-friendly checklist has been introduced to aid employers in conducting Right To Work (RTW) checks accurately. With fines for hiring illegal workers now reaching a hefty £60,000 per individual, the consequences of neglecting or improperly completing these checks could prove detrimental to businesses.

RTW Checks

Employers must ensure compliance by:
• Obtaining proof of an employee’s right to work
• Checking the evidence to ensure the documents are genuine and that the person presenting them is the (prospective) employee, the rightful holder and permitted to do the type of work the employer is offering. The checklist sets out a list of things to review and consider when undertaking this check.
• Copying of each document in a format that cannot be manually altered and retain this for the duration of the employee’s employment and at least two years thereafter. Employers must also retain a secure record of the date upon which the RTW check is completed.
• digital Identity Document Validity Technology (IDVT) checks remain permissible for British and Irish passport holders and Irish passport cardholders only.

Online Checks

From the 1st of January 2025, UKVI will only issue eVisas (digital proof of a person’s immigration status), it will no longer be possible for employers to accept a physical Biometric Residence Card, Biometric Residence Permit or Frontier Worker Permit as proof of an employee’s right to work in the UK. Employers must conduct online right-to-work checks in respect of employees who seek to rely on these documents as evidence of their right to work in the UK.
To do this, employers should:

• obtain the employee’s Share Code and date of birth, and enter this information into UKVI’s online right-to-work checking service
• check that the online record confirms that the employee named in it is allowed to work in the UK and is allowed to carry out the work in question
• confirm that the photograph on the online right-to-work check is of the individual presenting themselves for work. This can be done in person or by video call.
• If the employee or prospective employee is a student who has permission to work for a limited number of hours per week during term time whilst studying in the UK, employers must also obtain and retain details of the term and vacation dates of the course that the employee is undertaking.

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