The Home Office has published an updated version of its guidance called “An Employer’s Guide to Right to Work Checks”, which came into effect on 16 August 2017. This replaced the previous guidance published on 12 July 2016. The substance of the guidance is largely the same and, importantly, there are no changes to the overall process which employers need to follow when carrying out right to work checks, nor are there any changes to the documents employers can accept as evidence of right to work in the UK.
The main changes relate to how right to work checks are recorded; Biometric Residence Permits and national insurance numbers; family of EEA nationals; voluntary work; wider sanctions against illegal working and Application Registration cards. Please see our blog for details these changes.
If you have any questions over right to work checks please do not hesitate to contact our dedicated Business Immigration team or email firstname.lastname@example.org.
The updated guidance emphasises the importance of properly recording when each right to work check is conducted, as it now states that employers must make a ‘contemporaneous’ record of the date of the check by noting that this is the date on which the check was conducted (simply writing a date on the copy document may not, in itself, provide a statutory excuse against illegal working).