Updated guidance on preventing illegal working

There are three basic steps to conducting an online right to work check:

1. Use the Home Office online right to work checking service (the ‘View a job applicant’s right to work details’ page on gov.uk) in respect of an individual and only employ the person, or continue to employ an existing employee, if the online check confirms they are entitled to do the work in question;
2. Satisfy yourself that any photograph on the online right to work check is of the individual presenting themselves for work; and
3. Retain a clear copy of the Home Office confirmation provided by the online right to work check (storing that response securely, electronically or in hardcopy) for the duration of employment and for two years afterwards.

If the online right to work check does not confirm that the individual has the right to work in the UK and to do the work in question, the employer will not have a statutory excuse from this check if they proceed to employ the individual. If the employer knows or has reasonable cause to believe that the individual does not have the correct permission to work, and employs them anyway, they risk being found guilty of a criminal offence.

If the employer is unable to conduct an online check because the individual has an outstanding application, appeal, or administrative review with the Home Office in respect of their leave, the employer must contact the Home Office’s Employer Checking Service.

A Positive Verification Notice from the Employer Checking Service will provide the employer with a statutory excuse for six months from the date specified in the Positive Verification Notice. The employer will then need to make a further check upon its expiry.