Employers can perform right to work checks on staff hired before October 1, 2022, though this is not legally required. Regular verifications are needed for workers with time-limited permissions. This practice helps avoid civil penalties of up to £20,000 per unauthorized worker. Organizations should keep complete records of checks for the employment period plus two years. A methodical verification process shows compliance with immigration rules and reduces risks. Knowledge of right to work requirements helps build strong organizational compliance.
Legal Framework for Existing Employees
Under the current immigration compliance framework, employers are not legally obligated to conduct retrospective right to work checks on employees hired before October 1, 2022. Employers may perform these checks voluntarily as part of their ongoing compliance work to verify all staff members have valid permission to work in the UK.
Right to work checks help employers verify and document their workforce’s immigration status. This matters for employees with time-limited work permissions, where follow-up checks must be conducted before their current authorization expires. Employers should keep thorough records of these verifications to show compliance and protect against potential penalties.
To build a strong verification process, employers should create and update their right to work policies. This includes systematic procedures for checking documents, keeping accurate records, and staying informed about changes in immigration laws.
A well-planned approach to verification allows employers to meet their compliance obligations while reducing risks of unauthorized employment.
Benefits of Follow-up Checks
Regular follow-up checks on existing employees protect employers and maintain compliance with immigration regulations.
These checks help prevent unauthorized employment, especially for workers with time-limited permissions.
Follow-up checks create a statutory excuse against civil penalties, which can reach up to £20,000 per illegal worker.
By implementing systematic verification procedures, employers show immigration compliance and protect their organization from legal consequences.
These checks allow employers to detect and address changes in an employee’s immigration status before work permissions expire, maintaining a legally compliant workforce.
Organizations that perform these checks build a reputation for trustworthy and responsible employment practices.
Conducting Checks on Current Staff
Companies perform right to work checks on current staff members to verify immigration compliance and maintain accurate workforce records. This work is needed for employees with time-limited permissions, where follow-up verification must happen before visa expiration dates.
While past checks aren’t required for employees hired before current regulations, following a strong compliance plan helps organizations reduce risks of unauthorized employment. Regular checks become necessary when employees have service gaps or when immigration laws change in ways that affect work eligibility.
Organizations must check right to work status regularly for workers with time-limited status, like those with Skilled Worker visas. This confirms they follow legal requirements and prevents potential compliance problems.
During these checks, employers must keep evidence of all verification procedures throughout employment and for two years after employment ends. This documentation shows proper procedures were followed and supports the organization’s work to maintain a legally compliant workforce.
Through regular monitoring and verification, employers can manage their immigration compliance duties while protecting their business interests.
Documentation Requirements and Record Keeping
UK businesses must keep complete records of right to work checks. Employers need to store copies of all right to work checks and related documents during employment plus two additional years after employment ends.
These records prove compliance with immigration laws and support a statutory excuse against civil penalties. Required records include which documents were checked, verification dates, and who performed the check.
Employers can keep either physical or digital records like PDFs and HTML files. The storage method must be secure and allow quick access for inspection.
For workers with time-limited permissions, employers need a tracking system for expiration dates and must complete new checks before current authorizations end.
This ongoing documentation shows compliance and helps avoid legal issues related to unauthorized employment.
Managing Expired Work Rights
Organizations must monitor expired work rights carefully to maintain legal compliance and avoid penalties. Companies need to perform timely follow-up checks for employees with time-limited work permissions before their authorization expires. This helps maintain ongoing compliance with immigration regulations and protects organizations from potential legal issues.
When an employee’s work rights approach expiration, employers have 28 days to verify any pending applications for extensions to maintain their statutory excuse against penalties. During this verification period, if an employee has submitted an application for a new work visa, employers can obtain a Positive Verification Notice (PVN), which confirms the individual’s right to work for up to six months.
Organizations should keep thorough records of all follow-up checks performed on existing employees, particularly those working under time-limited permissions. This documentation proves necessary as failure to conduct proper rechecks can result in civil penalties.
Risk Management and Best Practices
Organizations need robust verification procedures and clear protocols for monitoring employees to manage right to work compliance. Regular checks and audits help maintain the statutory excuse against unauthorized employment while following Home Office requirements.
A complete risk management approach includes systematic documentation review, specifically for employees with time-limited work permissions. Organizations must keep detailed records of all verifications, which act as proof during Home Office inspections.
Main practices for compliance management:
- Using a standardized process for conducting and recording right to work checks on employees, particularly those with limited leave to remain.
- Setting clear timelines for follow-up verification before current immigration status expiration dates.
- Using a centralized system for maintaining verification records and documentation, allowing quick access during audits or inspections.
Employer Obligations and Responsibilities
A proper understanding of employer obligations regarding right to work checks helps maintain compliance with UK immigration laws.
Initial checks must be done for new hires, and employers need to monitor existing employees, especially those with time-limited work permissions.
Employers must perform follow-up checks before employee work authorizations expire. This maintains the statutory excuse against penalties and supports legal employment status.
Records of these checks need to be kept throughout employment and for two years after employment ends.
For employees with service gaps or immigration status changes, employers should implement regular verification procedures. This includes tracking expiration dates of work permissions and performing timely follow-up checks.
While past checks aren’t required for employees hired before certain guidance changes, ongoing compliance checks remain necessary for those with time-limited status.
Employers must know their obligations and keep proper records to show compliance with immigration regulations, protecting the organization and its employees from legal issues.
Frequently Asked Questions
Who Is Responsible for Conducting a Right to Work Check?
Employers must complete right to work checks, though they can use approved Identity Service Providers (IDSPs). The employer remains liable for following immigration laws.
Can You Ask if Someone Has the Right to Work in the UK?
Employers can legally ask job candidates about their right to work in the UK. The questions must be asked consistently to all candidates to avoid discrimination and stay within the law.
Do I Need to Do Retrospective Right to Work Checks?
You don’t need to perform retrospective right to work checks on current employees, except for those with limited-time work permissions or unclear immigration status. Keep records of any checks you complete.
What Are the Three Steps of a Right to Work Document Check?
A right to work document check requires three steps: checking original documents to prove identity, validating documents according to Home Office guidelines, and keeping copies for the full employment period and two years afterward.
Conclusion
Right to work checks on existing employees are a key part of maintaining immigration compliance. While not required by law for current staff, these verification steps help protect against unauthorized employment issues. Organizations can manage compliance and avoid penalties through proper documentation, record-keeping, and monitoring of visa statuses.
