Updates to Border Agency Checks from April 2022

Like most Government driven checks on our legal status, the UK Border authorities encourage employers to conduct checks ‘on-line’.

From the 4th April this year some of the regulatory checks on employee working status have changed, with automated on-line checks being encouraged. That said, manual steps can still take place and essentially eligibility checks should be conducted on every worker who is not a citizen of a either England, Scotland, Wales or Northern Ireland.

Right to work checks can be made via the GOV.UK portal when the job applicant gives you their share code.

There are three basic steps to conducting an online right to work check:

1. Use the Home Office online right to work checking service (the ‘View a job applicant’s right to work details’ page on GOV.UK) in respect of an individual and only employ the person, or continue to employ an existing employee, if the online check confirms they are entitled to do the work in question;
2. Satisfy yourself that any photograph on the online right to work check is of the individual presenting themselves for work; and
3. Retain a clear copy of the response provided by the online right to work check (storing that response securely, electronically or in hardcopy) for the duration of employment and for two years afterwards.

The employer is obliged to ensure the employee or worker maintains their eligibility to work in the UK.

The employer must request from the employee any documentation received from the UK Border Agency in relation to their application for extended or permanent residency.

The employer needs to recheck the right to work of those individuals who have time-limited permission to work in the UK. This should occur when their previous permission comes to an end.

The follow-up check is designed to prevent people from overstaying their immigration permission where this is time limited.

The Employer Checking Service can confirm the right to work of an individual who has an outstanding application or appeal to the immigration system.