As the rules surrounding the right to work in the UK may change due to decisions made by the government or the European Union, it is important to stay up-to-date with the latest information. Student visas allow a person to work up to 20 hours a week on a temporary basis, but only if they are studying full time. During holidays outside of school hours, they are allowed to work full time, but not permanently. To ensure that someone has the right to work in the UK, the government has provided a useful tool.
It is important to stay informed of any changes that may occur due to Brexit or COVID-19. Employers can manually check documents or use an online service provided by the government. For manual checks, employers must make a copy of the document and date it. Online checks are currently only available for those who hold a biometric permit or green card, or who are classified under the EU Settlement System. In some cases, employers may need to contact the Home Office for verification.
If an employee's right to work is limited in time, employers must check their documents again before they expire. Failing to do so could result in a civil penalty. To detect identity theft, employers should compare photographs and dates of birth on all documents with the person's appearance. It is also necessary to verify the right to work if an employee agrees to work for a new short-term period or before being hired by another employer. All employers have a legal obligation to verify that their employees have the legal right to live and work in the UK before hiring them. In addition to verifying someone's right to work in the UK, employers may need to check an employee's criminal record if they are going to work in health care or with children.
The IDVT technology has not yet been released, but it is understood that employers will bear the cost of digital checks, which range from 1.45 - 70 pounds per individual check for UK citizens. Employers must keep track of all assigned hours and check with employees that they have not done any additional work elsewhere during that period. If you're unsure how many hours you can work, you should review your immigration documents or speak with your education provider. Proving that someone has the right to work in the UK should be one of many background checks done before or during hiring a migrant worker. If an employee or potential employee cannot show their documents or immigration status online, employers should contact the Home Office for verification.
Departments and Unitemps must check and copy documentation on an employee's right to work. To make online checks (using the government service), employers should download and securely store a PDF of the “profile” page confirming someone's right to work along with a clear copy of their passport. Manual verification does not require an employee's physical presence; if they send their documents to their employer, they can be verified while chatting with them via video link at the same time.
