How do I conduct an online Right to Work Check?

In our previous article, we discussed why Right to Work Checks are needed. Today, we delve further and provide an overview on how to conduct an online Right to Work Check.

When can a Right to Work Check be completed online?

Online Right to Work Checks can be conducted on individuals who hold:

• A valid Biometric Residence Permit (BRP);
• A valid Biometric Residence Card (BRC);
• Status under the EU Settlement Scheme;
• A digital Certificate of Application to the EU Settlement Scheme which was issued on or before 30 June 2021.

In cases where none of the above apply, for example where your prospective employee is a British citizen, you will need to complete a manual Right to Work Check instead.

How do I complete a Right to Work Check online?

Stage 1: Employee generates a share code

The ‘prove your right to work service’ on gov.uk can be accessed here

Your prospective worker will need to log into this service to view their Home Office Right to Work record. Once accessed, a share code will be generated which they should then provide to you.

Stage 2: Employer logs in to the online checking service

The ‘employer checking service’ on gov.uk can be accessed here

You will need to log into this service using the share code provided from your prospective worker and their date of birth.

Stage 3: Employer checks the Right to Work record

Once you are logged in to the ‘employer checking service’, you will be able to view your prospective worker’s Home Office Right to Work record and whether they have the right to work for you in the UK.

You must check that the photograph on the online check is that of your prospective worker. This check must be carried out in the presence of the individual (in person or via live video link).

Stage 4: Employer retains evidence

You must then retain evidence of having conducted the online Right to Work Check (electronically or in hard copy). You should keep the evidence in a place that is easily accessible, such as the individual’s HR file, as the UK authorities could request to view these documents at a later date.

How Gherson can assist

Gherson’s corporate immigration team has extensive experience in advising on Right to Work Checks and other employer compliance matters. If you have any queries relating to the blogs published or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, 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.

©Gherson 2022

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