Changes to right to works checks from 1 October 2022

Employers should be reminded that changes to the way in which right to work checks can be carried out come into force on 1 October 2022. 

While the changes were announced by the Home Office earlier this year, it is clear that the message has not reached everyone. In a recent poll by Xydus, almost half (48%) of businesses surveyed were unprepared for these changes and more than three quarters (78%) were unaware that the consequences of non-compliance can include a period of imprisonment. 

Updated right to work check guidance was published by the Home Office on 27 September 2022 and employers should take the time to familiarise themselves with the changes, if they have not already done so. The guidance confirms that the covid-19 adjustments to right to work checks introduced on 30 March 2020, will end on 30 September 2022. This means that employers will no longer be able to carry out right to work checks remotely on British and Irish citizens. They will instead be able to use an Identity Service Provider who can use Identification Document Validation Technology (IDVT) to carry out such checks on British and Irish citizens who hold a valid passport (or Irish passport card). 

In summary, as of 1 October 2022, employers can carry out checks in the following ways:

• Manual checks 
• Online Home Office Checks 
• Checks carried out by an Identity Service Provider using Identification Document Validation Technology 

The type of check required will depend on the nationality and immigration status of the individual and what documentation they have to evidence their right to work. If checks are not carried out in one of the prescribed ways, an employer will not have a statutory excuse against a civil penalty for illegal working and could also face criminal prosecution. 

Our team of immigration specialists can offer advice and assistance to ensure your organisation remains compliant with the new requirements. To find out how we can help, please contact us for further information.