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Right To Work (RTW) Check – Why Is It Important For UK Employers?

How to conduct a Right to Work Check as an employer?

According to the Home Office, there are two main methods:

  1. Manual document-based check for original documents

Manual checks are mainly for people from List A group, such as British citizens or people who can stay in the UK with no time limit, find the whole list here.

Employers should check if the original documents of their employees are genuine, and represents the employee. You should obtain the employee’s original documents such as a Passport or Indefinite Leave to Remain card, please see here for a full list of documents. You must retain copies of the employee’s documents. All copies of documents obtained should be stored securely for the duration of the worker's employment and for the next two years.

  1. Online right to work check

For employers who are hiring migrant employees, an Online RTW check is the way to go.

Employers can conduct online RTW checks through UK govt. website www.gov.uk/view-right-to-work.

The online RTW check applies to List B, individuals who have a time-limited stay in the UK, such as people who hold a Biometric Residence Permit (BRP) card, EU leave to remain document, a UK visa as an EU/EEA or Swiss national, Frontier Work Permit as an EU/EEA or Swiss national.

To conduct an online RTW, you’ll need to ask the candidate or existing employee to provide:

  • Their date of birth
  • Their immigration status
  • Right to work share code

Employers should pay attention to the expiration dates of the employee’s immigration status, working hour restrictions, and type of work restrictions.

Changes for the right to work check from 6 April 2022

Starting from 6 April 2022, migrant workers who hold a Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP), the RTW checks can only be conducted online. Employers will no longer be able to accept manual RTW checks for migrant workers.

How long does the RTW check process take?

The online right to work check process usually will take 5-10mins. The manual check depends on the documents employee provide.

What are the outcomes of the Online Right to Work check?

The result of the online RTW check should look like the image above, with the candidate’s photograph, their time period of permission to work in the UK, and details if there’s a limitation of certain types of job they can not do.

How can I stay compliant with the RTW check of my employees?

At WorkPermitCloud Limited, we have developed a robust HR management system, it is highly efficient to provide helps with RTW on your employees. With our robust HR system, it will help you with RTW checks, keep records of your employees’ documents, and remind you to do follow-up RTW checks for your migrant workers. For employees with time-limited visas, the system will send a notification to both the employer and the employee before 30, 60, and 90 days their visa expiration dates.

If you subscribe for a package of WPC HR software service, you will have unlimited RTW check service for all your employees, including Initial RTW checks and follow-up RTW checks. In addition to the RTW function, employers can also manage their employee database, monitor and create all kinds of reports related to settled or non-settled workers. For example, record changes of circumstances, proof of ID, next of kin details, duty roster, holiday, sick leave, absence, role management, alert management and finally get access to multi-functional communication tools. A strong adherence to these HR processes helps organisations to follow Home Office guidance of sponsorship compliance.

If you want to know more about how to be more compliant Right to Work Checks, please contact us at: sales@workpermitcloud.co.uk, or call +44 7888 1933 00

Reference:

https://www.gov.uk/penalties-for-employing-illegal-workers#:~:text=You%20can%20be%20sent%20to,to%20work%20in%20the%20UK.

https://www.gov.uk/check-job-applicant-right-to-work

https://www.gov.uk/government/publications/right-to-work-checks-employers-guide/an-employers-guide-to-right-to-work-checks-17-january-2022-accessible-version

https://www.gov.uk/government/publications/right-to-work-checklist/employers-right-to-work-checklist-accessible-version

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1047370/2022_01_17_Employer_s_Guide_.pdf

CONTACT AN ADVISER

Md Lutfur Rahman FCILEx

Immigration Advisor and Commissioner of Oath

Managing Director

Work Permit Cloud Limited

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