UNITED KINGDOM – Changes to Right to Work Guidance

March 3, 2023

In light of the recent Right to Work in the United Kingdom updates, employers and clients alike will be wondering how they affect their processes going forward. In essence, there have been a couple of clarifications to employers to be aware of when engaging the use of identity service providers (IDSPs):

  • The Home Office have expanded on what employers can do if an IDSP has conducted a Right to Work check on their behalf: “It is your responsibility to obtain evidence of the IDVT check from the IDSP. You will only have a statutory excuse if you reasonably believe that the IDSP has carried out their checks in accordance with this guidance”. In reality this clarification has cemented the point that the use of an IDSP guarantees the employer the statutory excuse so long as they carry out checks that the IDSP has done on their behalf.
  • IDSP’s cannot be used to prove the right to work for anyone other than Brits and Irish nationals. Some IDSPs state that they can generate the share-code and Home Office Online Check on behalf of employees with visa status and employers. This has since been clarified, and is something that IDSP’s cannot do. It is important to keep this in mind.


What we advise all clients do if engaging the services of an IDSP

In short, if you are considering utilising the services of your chosen IDSP it would be prudent for employers to:

  • Confirm that the IDSP is on the Home Office list of “Certified” providers (advisable to take a screenshot) on the date the Right to Work check was made;
  • Keep the ID Verification Technology report (which confirms that the check was completed) result sheet on the employee file;
  • Ask their chosen IDSP for a contractual provision which renders the IDSP liable for damages coming from any failure to conduct a Right to Work check correctly;
  • Seek consultation services from Newland Chase’s Discovery Team if there are any concerns at the implementation stage (or afterward) to ensure that the IDSP is of benefit to your company.


If you have any queries please do not hesitate to contact us at [email protected].

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.