Digital right to work checks

A further extension to using the GOV.UK digital right to work checks

During the COVID-19 pandemic, the government made changes to the process for conducting right to work checks on prospective employees.

These checks, which were previously carried out as physical checks on original documents provided by the employee, moved to an online system due to the pandemic in March 2020 as a temporary measure.

How to use the online right to work system?

The new system allows checks to be carried out online via video calls and using a digital platform available on the GOV.UK website.

Employers require only the prospective employee’s date of birth and their right to work share code, the latter of which everyone will have from Wednesday 6th April 2022.

The prospective employee must first use GOV.UK to produce a share code that is valid for 30 days.

Once received, the employee can provide their employer with the share code.

The employer will then have access to the online right to work details, including a photograph of the prospective employee.

The employee must therefore be present (either in person or via video call) for the employer to confirm their identity.

The employer will also find information on any possible conditions of the employee’s right to work, such as the duration for which they’re able to work in the UK, as well as details on who completed the check, when it was carried out, and when the check would need to be re-done (if necessary).

The government advised that the online checks should be retained as evidence, either by printing and/or saving the profile page confirming the employee’s right to work in the UK, and keeping it for the duration of their employment and for two additional years after they have left the Company.

Alternatively, the prospective employee can send scanned documents/photos of documents to check (the GOV.UK website provides guidance on what to check for within the relevant documentation).

Or, if the employee’s accepted documentation is not available, employers can use the Home Office Employer Checking Service.

Is this a permanent change to right to work checks?

The end date for the online system has already been amended multiple times.

The most recent update has suggested that the end date for the digital checks will not take place until Friday 30th September 2022.

However, the government has also announced plans to introduce a long-term digital right to work check as an alternate option for those unable to use the Home Office Employer Checking Service.

We should expect to hear more details and guidance around the online right to work check and the new long-term system that has been proposed, closer to the time.

We will keep you updated as things progress.