Video – Right to Work: Legal Insights and practical Guidance

Hosted by Sabina Kauser and Jessica Hurwood, both specialists in business immigration law. During this webinar they provided essential updates and practical advice for employers to ensure compliance with current immigration and employment laws.

Key takeaways

1. Statutory Obligation 

• All UK employers must conduct Right to Work checks before employment begins to avoid civil penalties.
• Proper checks provide a “statutory excuse” against liability if an employee is later found to be working illegally.

2. Digital verification simplified

• Digital checks for British and Irish passport holders have been simplified.
• Employers can now use Digital Verification Services (DVS) instead of the older terms IDSP and IDVT.

3. Transition to E-visas

• Biometric Residence Permits (BRPs) are no longer valid proof of right to work.
• Individuals must now use eVisas via a UKVI account to prove their status.

4. Updated manual check documents

• A clipped passport (with corners cut) is now considered cancelled and not acceptable.
• UK birth certificate (short or long) is acceptable only if accompanied by a document showing the person’s name and National Insurance number.

5. COVID-19 adjusted checks removed

• Temporary pandemic-era adjustments (e.g., remote checks without video) are no longer valid.
• Employers must now follow standard procedures: manual, digital, or Home Office online checks.

6. Three-step manual check process

• Obtain original documents from the approved list.
• Check the document’s validity and match it to the individual (in person or via video).
• Copy and record the document and date of the check, and store it securely.

7. Home Office online check

• Employees can generate a share code for employers to verify their status online.
• Employers must check the photo matches the individual and retain the profile page.