Home Office publish update guidance - an employer’s guide to Right to Work checks
17 August 2017
The aim of the guidance is to assist all employers, irrespective of size or sector to ensuring that they comply with the legal requirement to prevent the employment of illegal workers. A three step check is required to confirm that a potential employee is entitled to work in the UK.
- Obtain original versions of one or more acceptable documents
- Check the document's validity in the presence of the holder
- Make and retain a clear copy, and record the date the check was made
The most significant updates contained in the guidance relate to:
- Application Registration Cards (ARC) which are now issued as biometric documents containing an expiry date
- Advice in respect of those who claim to have a right to work as a non European Economic Area (EEA) family member of an EEA national
- Advice in respect of voluntary work and being a volunteer
- Illegal working measures introduced by the Immigration Act 2016: closure notices and compliance orders, and immigration checks in the licensing regimes for taxis and private hire vehicles and alcohol and late night refreshment
- The employment of international students
The guide applies to checks required on or after 16 May 2014 to establish or retain an excuse from having to pay a civil penalty for employing a person who is not permitted to work for you.
Where the employment commenced on or after 29 February 2008 and a statutory excuse was established for the duration of that person’s employment before 16 May 2014, the document checks set out in the full guide for employers on preventing illegal working in the UK published in October 2013 continue to apply.
The guide applies to employers who employ staff under a contract of employment, service or apprenticeship.
The guidance should be read in full at gov.uk.