Non-residents in the UK must ensure that they have a valid immigration status that allows them to work. This means applying for a visa to the Ministry of the Interior. You cannot employ a person until you have permission to work. You cannot employ or continue to hire someone if you cannot demonstrate your right to work.
As a UK employer, it is your legal obligation to comply with legislation to prevent illegal work. This requires you to carry out basic checks on all employees resident in the UK to verify that they have the necessary permission to perform the work offered to them. The verification of the person's original right to work documents must be done before the work begins. Currently, digital checks using IDSPs are only available to holders of valid British or Irish passports or Irish passport cards.
Online verification of the right to work can be done through Oleeo and TrustID. In some exceptional cases, you can perform a physical verification of documents to prove your right to work. Photographs and dates of birth must be compared face-to-face or via live video conference and compared to those of the person presenting themselves as an employee or potential employee. The employer then completes the online verification of the right to work by entering the person's details in the “verifier” section of the Ministry of the Interior's website on the right to work.
Any control of the right to work that is taken in accordance with this guide will provide the University with a legal excuse to hire them. Online checks can be carried out via video call and there is no need to view physical documents, as the information is accessed directly from the Ministry of the Interior. You could face a civil penalty if you employ an illegal worker and have not carried out a proper verification of the right to work. Employers can only invoke the legal excuse against a civil sanction if they follow the guidelines on digital controls of the right to work. It is good risk management practice to ensure that all established right to work processes comply with the rules and are applied consistently and correctly.
Employers were not required to perform full or retroactively “corrected” checks when a COVID adjusted control had been used during the program. If current employees have limited leave to stay and work, you must ensure that a follow-up check is scheduled and carried out before their current leave period expires. When requesting a test, you can check if a document allows someone to work in the UK using a handy tool on the government website. Employers should also use the ECS (Employment Checking Service) to ask the Ministry of the Interior to check a person's immigration status if they have a digital or non-digital registration card or application certificate stating that it is necessary to ask the Ministry of the Interior to verify their right to work. A webinar offering a comprehensive guide on right to work controls (recorded in November 2002) is also available for employers who want more information on this topic. It is important for employers in the UK who hire non-UK citizens, or those who are considering doing so, understand their legal obligations when it comes to verifying their employees' right to work in order to avoid any potential penalties. As an employer in Britain, it is essential that you understand your responsibilities when it comes to verifying your employees' right to work in order for you not be subject any civil penalties.
The Ministry of Interior provides an online tool which allows employers and potential employees alike, access information regarding their immigration status and eligibility for employment in Britain. Currently, digital checks using IDSPs are only available for holders of valid British or Irish passports or Irish passport cards, however there are some exceptions where physical verification may be necessary. In such cases, photographs and dates of birth must be compared face-to-face or via live video conference and compared with those of the person presenting themselves as an employee or potential employee. Once all necessary checks have been completed, employers must enter their employee's details into an online verifier section on The Ministry of Interior's website in order for them receive legal excuse against any civil sanctions. It is also important for employers in Britain who hire non-UK citizens, or those who are considering doing so, understand their legal obligations when it comes verifying their employees' right to work in order avoid any potential penalties. The Ministry of Interior also offers webinars which provide comprehensive guides on right-to-work controls which employers may find useful when seeking more information on this topic.
In conclusion, it is essential that employers in Britain understand their legal obligations when it comes verifying their employees' right-to-work status in order avoid any potential penalties.
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