Understanding the Right to Work Check: What UK Businesses Need to Know

Date: 22/10/2024
Author: CDD Services Ltd
Company: CDD Services Ltd

Visa rules in the UK have changed over the past year, and employment fraud is on the rise. As an employer, a quick identity check can save you from the costs of poor hiring and non-compliance.

The Home Office’s updated guidance emphasises that it’s no longer enough to simply review physical documents; the recommendation is to use an accredited identity service provider (IDSP) to ensure checks meet the latest standards.

What’s involved in an identity check?

An identity check involves verifying that a person’s identity documents, such as a passport, are genuine and that the individual presenting them is the rightful holder. By using an IDSP, you ensure that identity validation is done securely, protecting your business from compliance risks.

Is the passport the only acceptable document?

Passports, particularly biometric ones, are widely accepted because they are internationally recognised, containing advanced security features like the NFC chip, which makes them difficult to forge. However, passports are just one of the documents that can prove Right to Work.

What other documents can prove Right to Work?

The Home Office has outlined other documents that can be used – List A or List B. Documents in List A prove the person has an indefinite right to work in the UK. These include British or Irish passports or indefinite leave to remain documents. List B documents indicate a temporary right to work, such as a biometric residence permit or an eVisa Sharecode. You can find more information on the government website here

Do checks need to be done in person?

If the candidate does not have a passport, the check should be undertaken in person, allowing the company agent to sign off that they have seen the documents and are satisfied. An identity check should also be done to validate the individual. In practice, some companies collect the information remotely from candidates, via post or uploaded images through a website, and sign off when the candidate starts.  

How can a remote check be completed to fulfil statutory excuse?

Where the person has a passport and the service doing the remote check can deliver a high degree of confidence in the check, the check can be done remotely. A service like Spotlite that undertakes the check using a secure app which scans the person’s face, images the passport bio page, uses the phone to scan the NFC chip and performs automated background validation checks to verify the individual’s identity provides statutory excuse under the Home Office guidelines.

Don’t leave your company exposed when hiring. Ensure you have checks in place that you can rely on to cover statutory excuse, and gain peace of mind that the people joining are who they say they are.