Changes to Right to Work Checks

Changes to the Right to Work checks in the UK came into force in April 2022. Employers are being urged to become familiar with updated rules to ensure continued compliance with the new requirements. Here’s how Right to Work (RtW) checks have changed, and what this means for your business:

What are Right to Work Checks?

Right to Work Checks are a legally required process in the UK. It is an offence for an employer to hire a candidate if they don’t have the legal right to work in the United Kingdom.

Who is eligible to work in the UK?

Only job-seekers in either of the two categories have the right to work in the United Kingdom:

1 – British Citizens or those with settled status in the UK

2 – Non-UK residents whose immigration status & grant of leave allows them to work in the UK

What are the Right to Work Checks changes?

Right to Work checks were subject to temporary amendment during the COVID-19 pandemic. This allowed employers to conduct ‘remote checks’ with candidates over video calls.

The options for remote RtW onboarding changed on the 6th April 2022 – including the introduction of ‘Digital Right to Work Checks’. Employers had between 6th April and 1st October to decide whether to introduce digital checks, return to physical document checks, or combine the two methods.

Previous rules: Before 6th April 2022

Either make physical document checks:

• Make RtW checks on original documents
• Including physical BRPs / BRCs (Biometric Residence Permits/Cards)

OR carry out remote checks:

• COVID-adjusted RtW checks using copy documents and video calls
• Choose whether to see a BRP / BRC or use a share code generated through the Home Office service

Changes to Right to Work checks (April 2022 onwards)

Either make physical document checks:

• Make RtW checks on original documents
• Physical BRPs / BRCs can no longer be used as proof of Right to Work

OR carry out remote checks:

• COVID-adjusted RtW checks using copy documents and video calls
• Use a RtW share code generated through the Home Office service

OR add the new digital check Scheme

• To replace remote checks for UK & Irish citizens who hold an in-date biometric passport through an Identity Service Provider (IDSP)
• Out of date UK and Irish passports can’t be accepted on the digital Scheme

More changes in Right to Work checks (October 2022 onwards)

Either make physical document checks 

• Original document RtW checks will be mandatory for anyone who doesn’t have an  in-date UK/Irish passport or eVisa
• Physical document checks still an option for UK/Irish passport holders
• No physical BRPs / BRCs can be accepted

OR add the digital check Scheme 

• Remote checks using copy documents and video calls are no longer allowed
• Holders of in-date UK/Irish passports and eVisas can undergo online / digital checks

More changes in Right to Work checks (February 2024 onwards)

• Following Feb 2024, the maximum civil penalty charge will increase for non-compliance with the RTW check scheme
• The civil penalty will increase to £45,000 per illegal worker for the first breach, and £60,000 per illegal worker for any additional breaches.

Changes to Right to Work Checks summarised

To summarise the above, here’s everything you need to know about the changes to Right to Work checks from April 2022 onwards:

• Physical BRPs and BRCs no longer valid evidence of RtW (from Apr 6th)

• Digital RtW Checks effective alongside Remote Checks (Apr 6th – Oct 1st)

• Non-UK/Irish passport or eVisa holders must supply physical documents (from Oct 1st)

• End of COVID-adjusted RtW checks (from Oct 1st)

If you’re still unsure about the logistics of all the Right to Work check changes, check out this useful guide from gov.uk.

How organisations can comply with the changes in Right to Work checks

In light of the Right to Work check changes, employers have had to standardise their hiring processes in line with updated rules.

To do this, many companies are forming relationships with Identity Service Providers (IDSP) – organisations that are able to carry out digital RtW checks on their behalf. An IDSP can provide Identification Document Validation Technology (IDVT), which can be used to automate the Right to Work check process in line with renewed legislation.

For digital RtW checks, IDSPs will give employers access to a service through which they can invite UK/Irish candidates to upload their identity documents for verification (using an email or text link) and capture a photograph for biometric face matching.

Some IDSPs can also offer an interface to the Home Office checking service for share code checks.

Following the changes in Right to Work checks, when it comes to non-digital checks, service providers can also manage and upload RtW documentation on the employers’ behalf. This allows HR teams to capture and upload images of the physical documents that their candidates share making compliance easier and more robust.

Manage Right to Work checks with Talos ATS

Together, Talos ATS and TrustID make recruitment compliance easy. We’ve integrated our applicant tracking system Talos ATS with TrustID’s IDVT to help organisations ensure recruitment compliance following the changes to Right to Work checks. Users of our hiring software can easily comply with the current RtW guidance and additional background check requirements directly through Talos ATS.

Next-generation recruitment platform

Talos ATS is our all-in-one solution for in-house recruiters. The platform combines all the latest hiring tools and automations to facilitate an easier, more effective hiring process.

Talos ATS includes:

• Next-generation Applicant Tracking System
• Multi-platform job-poster
• Fully integrated careers page
• Automated progression of your strongest applicants
• Recruitment advertising suite
• Video screening and interview platform
• SMS/email update automation for candidates
• Pre-employment background checks through Certn integration
• DBS checks, Enhanced DBS checks and basic DBS checks
• Remote onboarding tools
• Compliant Right to Work checks through TrustID integration

Our TrustID integration allows employers to:

• Automate the RtW check process through their ATS
• Share ‘Guest link’ invites to candidates who are eligible for digital checks
• Process RtW checks using share codes
• Capture candidate selfies for biometric face matching
• Present and verify original documents for non-digital RtW checks

Discover an easier way to attract, recruit, and onboard new talent following the changes to Right to Work checks with Talos ATS: