Ensuring that employees have the legal right to work in the UK is a fundamental responsibility for employers. As of 2025, several significant changes have been implemented to streamline and digitize the right to work verification process. Understanding these updates is crucial for maintaining compliance and avoiding potential penalties.

 

Transition to Digital Immigration Status

The UK government has been progressively moving towards a digital-first approach for immigration status verification. Physical documents, such as Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs), are being phased out in favor of electronic visas (eVisas). Individuals granted immigration status now receive a digital status accessible through a UK Visas and Immigration (UKVI) account. Employers must adapt to this change by utilising the Home Office's online services to verify an individual's right to work. This shift aims to provide a more secure and efficient method for both employers and employees.

 

Updated Right to Work Check Procedures

Employers are required to conduct right to work checks before employment commences. The acceptable methods for these checks include:

  1. Home Office Online Right to Work Check: This is applicable for individuals with a digital immigration status. The prospective employee provides a share code and their date of birth, which the employer uses to verify their right to work status online.
  2. Manual Document-Based Check: For individuals who do not have a digital status, employers must obtain original documents from the prescribed list, verify their authenticity in the presence of the holder, and retain copies for record-keeping.
  3. Digital Identity Verification via Identity Service Providers (IDSPs): Applicable for British and Irish citizens holding valid passports. Employers can engage certified IDSPs to conduct digital identity verification. It's important to note that while IDSPs can facilitate the process, the responsibility for compliance remains with the employer.

 

Key Changes Effective from February 2025

The Home Office has introduced specific updates to right to work checks as of February 12, 2025:

  1. Decommissioning of Physical Biometric Cards: Individuals previously relying on BRPs or BRCs must now create a UKVI account to access their eVisa for right to work verification.
  2. Revised Acceptable Documents: Clipped (cancelled) British or Irish passports are no longer accepted as valid proof of right to work. However, both short and long-form birth certificates are acceptable when presented alongside official evidence of the individual's National Insurance number.
  3. Support for Ukrainian Nationals: The Ukraine Permission Extension Scheme, launched on February 4, 2025, allows Ukrainian nationals in the UK to extend their stay and continue working legally. Employers should be aware of this provision when verifying the right to work for Ukrainian employees.

 

 

Employer Responsibilities and Compliance 

Employers must ensure that right to work checks are conducted in accordance with the latest guidelines to establish a statutory excuse against liability for a civil penalty. This involves:

  • Timely Checks: Conducting right to work checks before employment begins and, where applicable, performing follow-up checks to confirm ongoing eligibility.
  • Accurate Record-Keeping: Retaining clear copies of the verification evidence for the duration of employment and for two years thereafter.
  • Staying Informed: Regularly reviewing Home Office updates to remain compliant with any changes in right to work legislation and procedures.

Failure to adhere to these responsibilities can result in significant penalties, including fines up to £60,000 per illegal worker and potential criminal charges.

 

The Role of Recruitment Agencies

Recruitment agencies play a pivotal role in the hiring process, often acting as intermediaries between employers and potential employees. It's imperative for agencies to:

  • Conduct Thorough Checks: Ensure all candidates have the legal right to work in the UK before placement.
  • Educate Clients: Inform employers about their obligations regarding right to work checks and assist in implementing compliant procedures.
  • Maintain Records: Keep detailed records of all checks conducted to provide evidence of compliance if required.

By fulfilling these duties, recruitment agencies not only protect themselves from potential liabilities but also support employers in building a lawful and reliable workforce.

For further guidance on conducting right to work checks and ensuring compliance, employers and agencies can refer to the official Home Office resources.

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