UKVI Draft Code of Practice

The UKVI have outlined a draft code of practice for the changes to Right to Work Checks. It doesn’t even feature on their news feed nor on their list of new guidance – but is still officially a draft at this stage, because it has to be ratified by Parliament. We are confident it will pass through, however. Full details here.

Our Summary

  • Not much has actually changed
  • More emphasis on digital checks (but an employer still needs to be satisfied the photo is of the person)
  • The following can be checked online / digitally:
    • current BRP
    • current BRC
    • digital EU settled status
    • digital status under the points based system (not yet in use as far as I am aware)
    • BN(O) status
    • Frontier work permits
    • Addition to List A (nothing removed):

A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted unlimited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

Additions to List B (nothing removed):

A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has been granted limited leave to enter or remain under Appendix EU to the Jersey Immigration Rules, Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008 or Appendix EU to the Isle of Man Immigration Rules.

A document issued by the Bailiwick of Jersey or the Bailiwick of Guernsey, which has been verified as valid by the Home Office Employer Checking Service, showing that the holder has made an application for leave to enter or remain under Appendix EU to the Jersey Immigration Rules or Appendix EU to the Immigration (Bailiwick of Guernsey) Rules 2008, on or before 30 June 2021.

They also specify when an employer won’t have the statutory excuse, as follows:

  • you cannot provide evidence of having conducted the prescribed right to work checks before the employment commenced;
  • you have employed someone when it is reasonably apparent that they are not the holder of the document they present, or the person named and shown in the online right to work check (i.e. that person is an imposter);
  • you have conducted a manual check and it is reasonably apparent that the document is false (the falsity would be considered to be ‘reasonably apparent’ if an individual who is untrained in the identification of false documents, examining it carefully, but briefly and without the use of technological aids, could reasonably be expected to realise that the document in question is not genuine);
  • you have conducted an online check and it is reasonably apparent that the website you have used to do that check is not the official GOV.UK Home Office online right to work checking service;
  • you have attempted to conduct an online check but have not accessed the employer ‘View a job applicant’s right to work details’ part of the service, you have only viewed information online that has been provided directly to the migrant;
  • you have employed someone when it is clear from the right to work check that the person does not have valid permission to work in the UK or is subject to an immigration condition which prevents them from carrying out the work in question (i.e. you have employed a person with no right to work or a person in breach of their work restrictions or a person whose right to work has expired);
  • you know you are employing a person who is not allowed to undertake the work regardless of whether you have carried out any document checks;
  • your statutory excuse was time-limited and has expired; or
  • in respect of a student who has a restricted right to work, you have not obtained and retained a copy of evidence setting out their term and holiday times covering the duration of their period of study in the UK.

If we are satisfied that you have a statutory excuse in respect of an illegal worker, you will not be liable for a civil penalty.

Jun 10, 2021

Online Document Verification You Can Depend On