Right to Work Checks
UK companies found to be employing a worker who does not have permission to work in the UK face significant Home Office penalties. The law requires all companies to check and retain evidence of each employee’s legal right to work in the UK.
In our experience, companies generally recognise their duties under the Right To Work legislation and Prevention of Illegal Working, and typically operate with policies and processes to comply with those duties. The problem companies encounter when trying to comply with the law is that UKVI frequently change the legislation. The guidelines are hard to interpret and very often changed without any announcements. These are clearly onerous requirements on employers, and it becomes easy to see why the civil penalty regime is as lucrative as Home Office figures testify with fines of up to £20,000 per breach.
We can provide the guidance and assurance to help you meet your duties on an ongoing basis through legal, analytical and information technology-assisted techniques.
Please call our expert Immigration lawyers on 0330 058 3929 if you are unsure of how to comply or require assistance in putting a system in place to ensure compliance.
Useful Links & Downloads for Employers
You may need to ask the Home Office to check an employee’s or potential employee’s immigration status if:
- they can’t show you their documents, eg they have an outstanding appeal or application with the Home Office
- they have an Application Registration Card
- they have a Certificate of Application
Click here to access Employer Checking Service [ECS]
Click here to request check on a biometric residence permit holder’s right to work in the UK. UKVI will return all checks within 6 working hours (08:00-17:00) andl email you a certificate that tells you if the biometric residence permit is valid and gives you the ‘right to work’ status of the person.