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Sponsor Licence Update: Changes to Right to Work Checks from the 6 April 2022

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Sponsorship Licence lawyers are reminding sponsoring employers that the rules on the conduct of right to work checks are changing on the 6 April 2022.  If your business isn’t ready for the change then it isn’t surprising because over the last few years the government has introduced various COVID-19 related concessions to right to work checks, and whilst these concessions created some flexibility, they also created confusion.

In this blog our immigration solicitors look at the pre 6th April 2022 right to work rules and the changes. For sponsoring employers with Home Office issued sponsor licences, it is especially important to ensure that your business is complying with the latest guidance because of your sponsor licence reporting and recording duties and the risk of Home Office announced or unannounced audit visits and inspections.

UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers

For advice on sponsor licence applications and sponsor licence reporting and recording duties call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

Who has to carry out right to work checks?

All employers should carry out right to work checks. The requirement is not limited to employers who hold a sponsor licence to sponsor skilled worker visa holders or intra company transfer visa holders or seasonal or temporary workers. However, as sponsor licence holders are under reporting and recording duties, there are particular and additional pressures on them to get right to work checks right.

Which employees need to have a right to work check?

All employees need to have a right to work check carried out on them before they commence employment to make sure they have the right to work in the UK. If the worker does not have the right to work and the employer employs them the employer will be in breach of illegal working legislation and could face civil and criminal penalties. The maximum civil penalty is £20,000 per illegal worker employed.

Is more than one right to work check needed?

An employer may need to conduct more than one right to work check during the course of the employment of some of their employees. Additional right to work checks are required if the worker only has limited leave to remain. Limited leave does not just mean sponsored workers on the skilled worker visa or the intra company transfer visa but those employees who have a right to work despite not being in the UK on a work visa. Examples include those in the UK on a student visa (where part time employment is permitted) or those in the UK on a dependant visa or graduate visa.

Sponsorship Licence lawyers recommend the use of a diary system, whether it is a software programme, excel spreadsheet or a note in a central diary, to ensure repeat right to work checks are not missed because of the implications for the business and, where relevant, the continuation of the sponsor licence.

Right to work checks before the 6 April 2022

Prior to the 6 April right to work checks could be carried out by:

  • Manual right to work checks by getting original documents and copying them.
  • Online right to work checks for workers with a biometric residence permit or with pre-settled or settled status under the EU Settlement Scheme, or a frontier work permit. This process involved logging on to the Home Office system to generate a share code and the employer then using the share code to check the employee’s right to work. The share code is valid for thirty days.
  • Right to work checks conducted remotely. For example, through use of video calls and scanned documents.

Right to work checks after the 6 April 2022

There are two key points to the right to work changes, namely:

  • Remote or virtual right to work checks are ended.
  • Employers won't be able to conduct manual right to work checks for some workers. For some workers online right to work checks must be completed. The workers are those with a biometric residence permit or a biometric residence card or a frontier work permit or those with either pre-settled or settled status under the EU Settlement Scheme.

Using the Employers Checking Service to carry out a right to work check

The Home Office Employer Checking Service (ECS) can be used in some situations to get confirmation that a worker has the right to work. The situations include:

  • The employee made an application to the EU Settlement Scheme by the 30 June 2021 but hasn’t had a decision but has got a non-digital certificate of application or Home Office acknowledgement document confirming the application.
  • The employee made an application to the EU Settlement Scheme after the 30 June 2021 but they are awaiting the outcome of their application but have a non-digital certificate of application.
  • The employee has applied to the Home Office to extend their visa and are awaiting a decision.
  • The employee made a visa application and is awaiting the outcome of an administrative review or an appeal.
  • The employee came to the UK before 1988.

If the Home Office confirm the prospective employee or employee has the right to work the Home Office will provide a Positive Verification Notice (PVN). The PVN is valid for six months.

Carrying out right to work checks

The right to work check procedure may appear straightforward once employers have got used to the further changes to the rules but Sponsorship Licence lawyers know that many employers struggle to get right to work checks right or to diary up repeat right to work checks. Sponsorship Licence lawyers can help with sponsor licence management or if problems are encountered with right to work checks during Home Office audits or with sponsor licence reporting and recording duties.

UK Online and London Based Immigration Solicitors and Sponsorship Licence Lawyers

For advice on sponsor licences and sponsor licence reporting and recording duties call the immigration team at OTS Solicitors on 0203 959 9123 or contact us online.

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