Jun 27 2025
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Right to work checks: key updates from the UK Employers Guidance of 26 June 2025
The new version of the guidance sees a significant simplification of content relating to digital right to work checks for holders of British and Irish passports or Irish passport cards.
Previously, the guidance contained detailed technical information geared more towards digital verification providers than employers. This has now been removed, making it easier for employers to understand and implement the correct procedures when using digital checks.
Another key change is the adoption of the umbrella term ‘Digital Verification Service (DVS)’. This replaces the previous use of:
This new terminology brings the guidance in line with both the UK digital identity and attributes framework and the recently enacted Data (Use and Access) Act 2025.
Employers should note that the main guidance is now tailored for their use, while technical and procedural guidance specific to DVS providers is available separately in the supplementary code for digital right to work checks.
The updated guidance reinforces a crucial point: expired physical BRPs are no longer valid evidence of a right to work in the UK.
Additionally, further updates regarding eVisas have been included. Individuals issued with a short-validity vignette (typically used to enter the UK for the first time) are now strongly advised to apply for an eVisa as soon as possible, ideally before they travel. This ensures their right to work can be quickly and securely verified once they are in the UK.
Employers must ensure they are using the latest version of the right to work guidance and that all staff involved in recruitment and compliance are aware of these updates.
As always, carrying out a compliant right to work check at the appropriate stage of the recruitment process is essential to maintain your statutory excuse against civil penalties.
Updated: 27.06.2025
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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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