How do I perform a right-to-work check for an Irish National?

Following Brexit, Irish nationals continue to have unrestricted access to work in the UK. You don’t, therefore, need to see evidence of a visa for an Irish national. However, you must carry out a right-to-work check before employment, as this is a requirement before employing an individual of any nationality.

As an employer, you have two options for carrying out a right-to-work check on an Irish passport holder – you can carry out a manual check, or you can pay for a digital check.

Manual check

If you are carrying out a manual check, you must see the original Irish passport or Irish passport card for the applicant (these documents can be current or expired), or the applicant’s Irish birth or adoption certificate, together with an official document issued by a government agency or a previous employer, which shows their National Insurance number and their name.

You must view this document in the presence of the individual, either in person or on a video link.

Until 30^th September 2022 you can view a scanned copy of the document (or documents) that have been sent to you electronically. This is a concession linked to the pandemic, and will be ending very shortly. From 1^st October 2022 you must have the original document in front of you when you check it, if you are doing a manual check.

Digital check

From 6 April 2022 the government gave employers the option of using an Identity Service Provider (IDSP) to carry out a digital right-to-work check for holders of British or Irish passports.

The government has certified a number of IDSP and recommends that employers use these companies, although there are also uncertified providers operating.

IDSPs can only carry out a valid check where an applicant has a current British or Irish passport (or Irish passport card.) If they don’t, you will need to carry out a manual check.

IDSPs will levy a charge for their services, which can vary between providers.

How can we help?

Gherson’s Immigration Team are experienced in all of the above business visa applications. 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 don’t 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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