How do you carry out a Right to Work check?
1. Manual Right to Work checks
A manual check involves:
- Obtaining original versions of one or more acceptable documents from your candidate
- Checking the validity of each document in the holder’s presence including expiry dates
- Making and retaining a clear copy and recording the date of the check
- Ensuring that any data is held securely and appropriately
2. Online Right to Work checks
The Home Office’s Employer Checking Service is for candidates with Application Registration Cards, Certificates of Application and Commonwealth citizens who arrived in the UK before 1988. With your candidate’s permission, you can submit an online form and in around five days, you’ll receive a Positive Verification Notice (PVN) from the Home Office. This will provide you with a statutory excuse against liability for six months.
3. Online share codes
Individuals with Settled Status, Pre-Settled Status or a Biometric Residence Permit or Card (applied for online via the Home Office) can provide you with a share code to check their Right to Work status. This share code is valid for 30 days and you’ll also need the individual’s date of birth.
- You’ll need to visually check your candidate’s facial likeness against the photograph/s on their online status to make sure it’s them, and note any document expiry dates
- As with a manual check, you’ll also need to download and retain a clear PDF copy of the online check
- In other words, you still have to verify the check and candidate to establish a statutory excuse against liability
The gov.uk website has full guidance regarding Right to Work checks for EEA and Swiss nationals during the EU ‘grace period’.