It is crucial for employers to keep an airtight record of each employee of the company. Failure to keep a record can put a company in a vulnerable position of liability when it comes to right-to-work compliance duties, and can open the company up to a risk of penalties for potentially hiring illegal workers. It is therefore essential to maintain accurate records.
When hiring migrant works, you must complete a right-to-work check prior to their start dates. If the individual is yet to be issued with a biometric residence permit (“BRP”), you must carry out a manual temporary check by taking copies of the following:
- The photo ID page of their passport
- The visa vignette sticker in their passport
- The certificate of sponsorship (if relevant – i.e. if you are sponsoring their visa)
- The decision letter from UK Visas and Immigration (“UKVI”)
Copies must be legible and clear, and kept in a form that cannot be edited, such as a pdf scan; it must be securely stored in accordance with data protection laws. The copies must be dated with the date the check was completed, and retained on the employee’s file. These should be held on file for the duration of the employment, plus an additional two years after they leave employment with the company.
Digital Right to Work
Once the individual is issued with a BRP card, you must carry out an updated right-to-work check using the online UKVI platform: https://www.gov.uk/view-right-to-work. Employees will need to generate a share code using the following link: https://www.gov.uk/prove-right-to-work/get-a-share-code-online and entering their BRP card reference and their date of birth. Once they have provided you with a share code, you should enter this onto the online platform, and the result generated should be kept on file.
Employer’s Checking Service
If there are issues with the documents or the online platform, you can complete a temporary right-to-work check using the Employer’s Checking Service. This can also be used when a migrant worker’s visa has expired, but they have made an in-time visa application and subsequently continue to have the right to reside and work in the UK.
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.