The Home Office has updated its Employer’s guide to right to work checks throughout. The guidance covers how to carry out right to work checks, why you need to do them, and which documents you can use.
A summary of the changes is on page 7 of the guidance. The most significant updates relate to:
- Right to work checks involving EEA citizens and their non-EEA family members with presettled status under the EUSS.
- Clarification on the role of the Department for Science and Innovation Technology (DSIT), within the accreditation process of IDSPs and holding a certificate against a current version of the UK Digital Identity and Attributes Trust Framework (UKDIATF).
- Clarification on follow-up checks involving holders of short-dated Biometric Residence Permits (BRPs) and the Home Office transition to online evidence of immigration status (eVisa).
- Application Registration Card (ARC) holders granted permission to work in jobs on the Shortage Occupation List or Immigration Salary List. In addition, clarification on follow-up checks of this cohort via the Home Office Employer Checking Service (ECS).
- Clarification that List A, item 6 of the acceptable documents list also includes consular birth certificates.
This guidance applies to right to work checks conducted on or after 13 June 2024 to establish or retain a statutory excuse from having to pay a civil penalty for employing a person who is not permitted to do the work in question. It sets out the circumstances in which previous guidance may apply.
