May’s Employment Law Digest – Update to Right to Work Checks
22nd May, 2023
The Home Office has recently announced changes to its right to work guidance enabling more individuals to make use of the online checking service.
The following individuals are now able to make use of the Home Office’s online checking service:
- Individuals with an outstanding application to extend their UK visa
- Individuals with an outstanding appeal
- Individuals with an outstanding administrative review application
In all cases, the application must have been submitted in-time, so before their existing visa expires. Provided this is the case, the individual will continue to have the right to work while their application is being decided.
What does this mean for employers?
The latest update should make the right to work check quicker and easier for the employer. Prior to this change, a check using the Employer Checking Service needed to be carried out, the outcome of which could take 5 working days. Now the online right to work check can be done using the employee’s share code with instantaneous results.
Where an employee tells you that they are waiting for the Home Office to decide their application you should:
- Ask for evidence that they have submitted their application before their existing visa expired
- Request a copy of their share code
- Carry out the online right to work check
- Diarise to review the situation in no more than 5 months’ time
If a worker is unable to use the online service, e.g. if they are not a eVisa holder, you will need to contact the Employer Checking Service to verify the right to work, as was the case previously.
If you require any advice or assistance in relation to right to work checks, please contact one of our specialist Immigration law Solicitors.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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