Regulated by the Immigration Advice Authority · Ref No. F201700062
Compliance
Right to work checks apply to every employer, not only to sponsors.
A check carried out in the wrong way, at the wrong time, or without the right record can leave an employer exposed even where the worker is entirely entitled to work.
A right to work check protects an employer from a civil penalty only if it is carried out correctly, before employment begins, and recorded properly. That protection is the statutory excuse, and it is lost by procedural errors even where the person is in fact permitted to work.
Civil penalties for illegal working are substantial and are assessed per worker. For sponsors, an illegal working finding also puts the licence at risk.
Manual checks apply to certain documents, principally British and Irish passports and some other acceptable documents. Online checks using a share code are required for holders of eVisas and biometric residence permits. Identity document validation technology can be used for British and Irish citizens through a certified provider.
Each method has its own record keeping rules, including retaining a clear copy, recording the date of the check and retaining the record for the required period after employment ends.
Where a person has time-limited permission, a follow-up check is needed before it expires. Missing a follow-up check is one of the most common ways an otherwise well-run employer loses its statutory excuse.
The practical fix is a reliable diary system owned by a named person, and a policy that treats the follow-up check as seriously as the initial one.
What is actually needed depends on your circumstances. We confirm the list with you before anything is prepared.
We look at the organisation, the roles involved and what has already been done, so advice is based on the actual position rather than assumptions.
We set out what the Home Office will expect to see and where the evidence or the internal position needs work.
We help prepare the application, supporting documents and the internal record keeping that sits behind it.
We advise on requests for further information, compliance activity and any conditions attached to the outcome.
This page is general information about UK immigration and is not advice on your individual circumstances. Requirements, guidance and procedures change. Please obtain advice before relying on anything published here.
We will tell you how UKU can assist, and what the realistic options are.
