Simplified! The Process of Performing Right to Work Checks
MyVetting Guides you through the process of performing Right to Work checks
Right to Work checks are a fundamental part of an employer’s responsibility. Right to Work checks demonstrate that individuals who are employed have the legal right to work in the UK. The process of performing Right to Work checks is quite straightforward but it’s important to know what you’re doing for compliance with immigration laws. Let’s review the process of performing Right to Work checks.
The Significance of Right to Work Checks
Before we delve into the process, let’s grasp the significance of Right to Work checks:
Immigration Compliance: Right to Work checks are a mechanism to ensure that individuals employed in the UK possess the appropriate immigration status, allowing them to work legally in the country. This safeguards against illegal employment, which can have implications for both the individuals seeking work and the employers.
Preventing Illegal Immigration: These checks act as a preventative measure against the hiring of individuals who lack the right to live and work in the UK. By implementing these checks, employers contribute to maintaining the integrity of the immigration system, which, in turn, helps control illegal immigration.
Legal Accountability: Employers have a legal duty to verify the immigration status of their employees. This accountability ensures that employers operate within the boundaries of the law, discouraging them from hiring individuals without the right to work, and upholding immigration compliance standards.
Preventing Exploitation: Right to Work checks are essential in protecting vulnerable individuals from exploitation. By verifying the immigration status of employees, employers can create a more equitable work environment, where all workers are treated fairly and are not subject to exploitation by unscrupulous employers.
These principles highlight the importance of Right to Work checks, not only in immigration control but also in the promotion of fair and ethical employment practices in the UK.
The Process for Performing Right to Work Checks
Let’s break down the process into clear steps:
- Employee’s Initial Inquiry
The process begins when an individual expresses interest in working for your organisation. At this stage, it is essential to inquire about the candidate’s immigration status. If you have any doubt at this point, you could ask such as:
“Do you have the right to work in the UK?”
“Are you a UK citizen or do you have a valid visa?”
- Providing Information
If the candidate indicates that they have the right to work in the UK, provide them with information about the Right to Work checks and the documents they need to provide. This information should be shared in writing and may include a checklist of acceptable documents.
- Obtaining Documents
With MyVetting, you can send a Right to Work check request, in seconds, from your Client Dashboard. The candidate must present specific documents that serve as evidence of their Right to Work in the UK, but they can submit these digitally from their device. With MyVetting, the process of performing right to work checks is dramatically recduced – without compromising on data security or the validity of the check. The types of documents may include:
- Passport: A valid UK or Irish valid passport.
- Visa: If the candidate holds a visa, they should provide a copy of their valid visa.
- Biometric Residence Permit (BRP): A comprehensive proof of immigration status for non-EEA employees.
- Travel Documents: Some individuals may have alternative travel documents issued by the UK government or international organisations.
- Document Verification
With MyVetting, the documents are verified digitally by the Home Office, using IDVT.
5. Follow-Up Checks
For employees with time-limited permission to work in the UK, employers must conduct follow-up checks before their right to work expires. These checks are essential for maintaining immigration compliance.
- Addressing Discrepancies
If any discrepancies or concerns arise during the checks, employers must address them promptly. This may involve contacting the Home Office’s Employer Checking Service for guidance.
Employers must take Right to Work checks seriously, as non-compliance can have significant consequences that include Fines and Civil Penalties, Criminal Charges and Reputational Damage.
The process of performing Right to Work checks is a critical aspect of ensuring immigration compliance in the UK. By adhering to the steps outlined in this guide and staying informed about relevant regulations, employers contribute to maintaining a workforce that follows the law while creating a diverse, inclusive, and equitable workplace for all employees. This delicate balance, when done correctly, leads to a successful and harmonious work environment.
