Can I use my passport to show my right to work in the UK?

Right to work checks must be undertaken on every prospective employee before they commence work, regardless of their nationality and they should be completed before the employee commences work.

These checks have undergone substantial changes over the last few years, and there is only a small number of instances where a passport can be used as part of the employer’s right to work check.

Online checks

For those who hold a valid Biometric Residence Permit (BRP), Biometric Residence Card (BRC), Frontier Worker Permit, or who have been issued with an e-visa (for example EU/EEA/Swiss national) employers must now undertake an online right to work check. They can no longer perform checks manually on passports and UK immigration documents. These online checks rely on the prospective employee generating and providing the employer with an online share code, who will then need to log into the online checking system to obtain the information.

Manual checks

Generally speaking, manual right to work checks can now only be conducted on individuals who have a British or Irish passport. If the employer is manually verifying a British/Irish national’s right to work, the candidate will be required to physically attend the employer’s offices with their original documents ahead of their work start date.

Using third parties to undertake checks

The Home Office has also introduced the option of using ‘certified digital identity service providers’ (IDSPs), to undertake the checks on an employer’s behalf. IDSPs are private companies authorised by the Home Office to undertake checks for a fee. It is important to understand that this does not shift the liability for incorrectly undertaken checks to the IDSP, which will remain with the business, as will any penalties.

Businesses must ensure that they understand which checks need to be undertaken for which individual, how to carry out the checks and how the information needs to be stored.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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