{"id":2419,"date":"2022-03-02T09:45:51","date_gmt":"2022-03-02T09:45:51","guid":{"rendered":"https:\/\/ebcglobal.co.uk\/?p=2419"},"modified":"2022-03-02T09:45:51","modified_gmt":"2022-03-02T09:45:51","slug":"updated-guidance-on-right-to-work-checks","status":"publish","type":"post","link":"https:\/\/ebcglobal.co.uk\/updated-guidance-on-right-to-work-checks\/","title":{"rendered":"Updated Guidance on Right to Work Checks"},"content":{"rendered":"
The updated guidance on right to work checks shows there will be many upcoming changes that employers need to prepare for.<\/p>\n
The most notable changes are:<\/p>\n
Failure to keep abreast of these changes can lead to legal repercussions, including imprisonment and hefty fines.<\/p>\n
Following conversations with our clients, we answer pressing questions regarding the updated guidance and what these changes mean for you and your organisation.<\/p>\n
The Home Office announced the extension to Coronavirus (COVID-19) right to work checks on 22nd February 2022.<\/p>\n
Adjusted Coronavirus (COVID-19) right to work checks will end on 30th September 2022.<\/p>\n
You will not need to carry out retrospective checks on individuals who had a COVID-19 adjusted check between 30th March 2020 and 30th September 2022.<\/p>\n
Yes, providing the checks were undertaken as set out in the COVID-19 adjusted checks guidance<\/a>.<\/p>\n The Home Office are still planning to introduce digital right to work checks from 6th April 2022<\/a>, using Identification Document Validation Technology (IDVT).<\/p>\n Identification Document Validation Technology (IDVT) is a form of technology that enables users to establish the authenticity of documents provided for identity verification (e.g., a passport).<\/p>\n For digital right to work checks in the UK, IDVT will only be applicable to individuals with a valid British or Irish passport (including Irish passport cards).<\/p>\n Individuals with a UKVI account<\/a>, biometric residence permit (BRP), or status under the EU Settlement Scheme (EUSS) must provide a share code to employers, who can check their right to work via the online right to work check service<\/a>.<\/p>\n The updated guidance confirms there will be more than one provider of IDVT.<\/p>\n Employers that choose to use IDVT can use the extension period to develop commercial relationships with an IDVT provider. In addition, this period will allow employers to change their existing pre-employment check process and onboard the provider.<\/p>\n Employers will have the choice to implement an IDSP (Identity Service Provider) to provide IDVT for identity verification or stay with in-person right to work checks.<\/p>\n An IDSP (Identity Service Provider) is an approved company that is responsible for validating the identity of job candidates and existing employees on behalf of the employer. IDSPs will be required to follow an \u2018identity checking\u2019 process, which includes obtaining evidence of the claimed identity (uploading a copy of the passport or passport card) and then checking:<\/p>\n It will not be possible to eliminate manual right to work checks completely unless the scope of IDVT is expanded. It is recommended that employers devise and implement an adequate and fully compliant manual right to work check process to use from 1st October 2022.<\/p>\n No. From 1st October 2022, employers must be in possession of the candidate\/employee\u2019s original documents for a manual right to work check.<\/p>\n You can\u2019t unless your candidate or existing employee agrees to meet you in person. For organisations with a remote or hybrid work force, it is recommended to implement a commercial relationship with an IDVT provider to run digital right to work checks securely and conveniently.<\/p>\n Those who employ someone who is found not to have the right to work in the UK can face a fine of up to \u00a320,000 per illegal worker. This also includes an unlimited fine and 5 year imprisonment.<\/p>\n The Government website discuss this in more detail here: https:\/\/www.gov.uk\/penalties-for-employing-illegal-workers<\/a><\/p>\n At this time, The Home Office are in the process of preparing IDVT and IDSP (Identity Service Provider) accreditations for screening organisations.<\/p>\n This means that from 6th April 2022, there will be certified providers (including us<\/a>), which employers can engage with to conduct remote right to work checks on their behalf. With the extension of temporary, adjusted right to work checks, employers will now have more time to transition to digital checks and select a certified supplier.<\/p>\n It is advised that employers also look out for:<\/p>\nHow does this affect the introduction of digital right to work checks from 6th April 2022?<\/h3>\n
What is IDVT?<\/h2>\n
Can my company use IDVT for all digital right to work checks?<\/h3>\n
What does the updated guidance say regarding IDVT?<\/h3>\n
Does the updated guidance state that my organisation has to use an IDVT provider for right to work checks?<\/h2>\n
What is an IDSP?<\/h2>\n
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Will manual right to work checks be eliminated altogether?<\/h2>\n
Will organisations be allowed to run identity verification via a video call from 1st October 2022?<\/h2>\n
How can I run manual right to work checks if all my employees work remotely?<\/h2>\n
What happens if my company does not have a compliant right to work check process in time?<\/h2>\n
If my company go down the IDVT route, what do I need to look for in a provider?<\/h2>\n
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