On 21 June 2024, the Home Office issued revised guidelines for employers concerning right to work checks in the UK.
Key updates include:
EU Settlement Scheme (EUSS):
Employers are no longer required to conduct repeat right to work checks for individuals holding pre-settled status under the EU Settlement Scheme (EUSS). A single check for pre-settled and settled status holders is sufficient before employment begins.
Biometric Residence Permits (BRPs):
Employers do not need to re-check an employee’s permission until it is due to expire, even if their physical BRP card expires by 31 December 2024. The transition to digital proof of immigration status (eVisas) by the end of 2024 means BRP cards may display an expiry date of 31 December 2024, despite the holder’s permission to stay in the UK beyond that date. The expiry date of immigration permission will be visible on their online profile.
Asylum Claimants:
Employers of asylum claimants holding Application Registration Cards (ARCs) must ensure these individuals have the right to work, verified through a Positive Verification Notice (PVN) from the employer checking service (ECN). There are specific restrictions and conditions depending on when the permission to work was granted, which are detailed in the guidelines.
Compliance Requirements:
It is mandatory for all UK employers to conduct right to work checks. Failure to comply can result in penalties of up to £60,000 per illegally employed worker, loss of sponsorship privileges for migrant workers, and potential criminal convictions.
These updates aim to clarify and streamline the process for employers, ensuring they meet their legal obligations while supporting compliance with immigration rules in the UK.
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