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New Regulations concerning Right to Work checks

On 6 April 2022, new regulations came into force concerning right to work checks. These regulations amend the right to work check scheme which requires employers to ascertain whether they have the right to work in the UK by checking the immigration status of prospective employees.

Using identification document validation technology (IDVT) service providers.

As a result of these changes, employers may now use IDVT service providers to digitally verify the identity of British and Irish citizens with valid passports. This is an alternative to conducting a manual right to work check. If an employer decides to use an IDVT provider, in order to have a statutory excuse from paying a civil penalty for employing an illegal worker, they must:

  • obtain a clear copy of the IDVT identity check and the document checked in a format that cannot be altered;
  • reasonably believe that the IDVT service provider has complied with its obligations set out in the regulations;
  • be satisfied that the photograph in the completed check is of the employee in question;
  • retain a clear copy of the identity check and the document checked for at least 2 years following the end of their employment. 

Biometric Cards

The new regulations removes various documents from the lists of acceptable documents for right to work checks – this includes biometric cards.

Biometric cards must not be used to access the Home Office online right to work checking service to evidence their right to work in the UK.

Expired Passports

The new regulations allow British citizens to use expired passports to satisfy right to work checks.