The online Right to Work Checking Service which was launched in April 2018 gives employers access to up-to-date, real-time information about migrants’ right to work, making it easier for individuals to prove their rights in the UK.
Until now, employers have still needed to request paper documents alongside using the service. The new changes will mean employers can use the online service to demonstrate they have conducted the necessary right to work checks.
An employer using the online service will be excused from a civil penalty if:
· The online check confirms that the employee is allowed to work in the UK and perform the work in question.
· It satisfies itself that any photograph on the online right to work check is of the employee.
· It retains a copy of the online check for at least two years after the employment ends.
· It obtains and retains details of the term and vacation dates of the person’s course of study, if they are a student.
The online Right to Work Checking Service can be used by non-EEA nationals who hold biometric residence permits or biometric residence cards and EEA nationals who have been granted settled status under the EU Settlement Scheme. EEA nationals who have not been granted settled status under the EEA scheme will still need to demonstrate their right to work through the appropriate documents, such as their national passport, as now.
From 28 January 2019, employers can also accept adoption and short-form birth certificates together with a National Insurance number when conducting right to work checks. This will make it easier for British citizens who do not hold a passport.
Link to Employer Checking Service: