UNITED KINGDOM: Updated Guidance On Right To Work Checks

The Home Office has published updated right to work guidance detailing what employers must do to prevent illegal working in the UK.

The most significant changes detailed in the guidance are:

  • updated advice regarding the evidence employers should request from those that state they have the right to work as a non-EEA family member of an EEA national
  • simplified advice regarding the employment of non-EEA students, including the documentation required to verify when an international student employee may work part-time, and when they are permitted to work full-time
  • information regarding Closure Notices and Compliance Orders, which are sanctions that can be imposed where illegal working is found and where an employer has previously failed to comply with illegal working legislation
  • information regarding right to work checks for those applying for licences to sell alcohol and late night refreshments
  • a distinction between volunteering, (permitted for individuals granted immigration permission to be in the UK), and undertaking voluntary work, (not permitted, with some exceptions)
  • Application Registration Cards (ARC) which are issued to asylum applicants and from July 2017 include security features such as biometric facial image and an expiry date

The new guidance,  dated 16th August 2017, replaces the version dated 12th July 2016.

Our Advice

Penalties for employing illegal workers may include suspension and revocation of a sponsor licence and a fine of up to £20,000 for each illegal worker.

Employers responsible for carrying out right to work checks should therefore familiarise themselves with the updated guidance to ensure that they are fulfilling their UK immigration obligations.

Employers should contact their Newland Chase immigration specialist if they have any queries.

For advice and information on UK immigration in general, please email us at enquiries@newlandchase.com.

Contact Newland Chase