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How to check immigration status of employees

It is a legal requirement for employers to perform right to work checks on all new employees in their organisation. These checks can be made online or manually.

For more information on how Birmingham Immigration Lawyers can help, call our friendly team of advisors on 0121 667 6530 for immediate assistance.

 

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    Checking somebodies immigration status

    In order to work in the UK legally, a foreign national must have a valid immigration status. It is the responsibility of the employer to perform a right to work check on all new employees in their company.

    The most straightforward way for an employer to check someone’s immigration status is to use the Home Office’s employer checking service to observe somebodies current immigration status.

    The employer checking service offers an efficient and simple way for employers to perform their required right-to-work check to verify a migrant worker before they are recruited.

    In instances where the employer checking service online is not appropriate, employers can opt to perform manual checks to prove the immigration status of a prospective employee.

    For more information on how Birmingham Immigration Lawyers can help, call our friendly team of advisors on 0121 667 6530 for immediate assistance.

    Skilled worker visa

    How to use the employer checking service online

    The employer checking service will allow an employer to view migrant workers’ online immigration status in real time- offering a reliable and true confirmation of immigration status.

    The employer checking service accommodates checks for people with the following:

    • Biometric Residence Permit or card
    • Settled or pre-settled status under the EU Settlement Scheme
    • Immigration status issued under the points-based system
    • BNO visa
    • Frontier work permit

    A migrant worker looking to work in the UK can provide UK employers with a unique share code which can, in turn, be used to view a person’s right to work in the UK. In order for an employer to access these details, it is the job of the migrant worker to initiate the check by accessing their account where they can opt to share this information with a designated person via their share code. You may also need access to a Home Office reference number. If an individual has been approved to work in the UK, you will receive a positive verification notice from the Home Office.

    Below are the steps for an employer to confirm one’s immigration status:

    • View the relevant right-to-work details by entering the applicant’s unique share code and date of birth
    • Verify that the online photograph matches the applicant
    • Ensure that you keep a copy of the information you have accessed from the Home Office for each employee checked- you can keep a record of the positive verification notice you receive from the Home Office.

    How to perform a right-to-work check manually

    There may be some instances where an employee is unable or not willing to provide you with a share code. In this case, you will not be able to view the online immigration status of a new employee, therefore, you will have to perform a manual check- this will require you to obtain a selection of right to work documents which will include a Biometric Residence card and a valid passport, or a document showing their full name and national insurance number.

    As an employer you must:

    • Request original documents from the applicant- the documents must come from List A and List B of acceptable documents
    • Check the documents for validity with the applicant present either in person or via an arranged video call
    • Make and keep copies of each document

    It is the responsibility of the employer to ensure that:

    • The documents provided are genuine and have not been tampered with in any way
    • The photographs are authentic to the applicant
    • The date of birth is the same across all documents
    • The applicant has the correct permission to take on the specified job title
    • The date for the applicant’s right to work in the UK has not expired

    Do you need help applying for a Skilled Worker Visa? Our lawyers can assist you. Get in touch

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      What happens if an employer fails to perform a right-to-work check?

      It is a legal requirement for employers to perform a right-to-work check on all employees that they anticipate joining their organization. The checks allow you to ensure that somebody has a legal right to work in the UK with valid immigration status and is not disqualified from working in the UK.

      Failure to perform the correct right-to-work checks on somebody can have serious implications for a UK business. You may be subjected to a penalty of up to £20,000 if it is found that people are working illegally in your company.

      Do right-to-work checks need to be repeated?

      Whether or not you have to repeat a right-to-work check will depend on the individual migrant worker’s immigration status in the UK.

      For individuals who have Indefinite Leave to Remain or settled status under the EU Settlement Scheme, it means that their right to work in the UK does not have a time limit, therefore, it is not necessary to repeat a right to work check for these persons.

      If a person’s right to work does have a time limit, for example, they are on a work visa or granted a stay of 5 years initially as an EEA citizen, it is illegal to continue employing them once their right to stay has exceeded the expiry date.

      How can Birmingham Immigration Lawyers help?

      Birmingham Immigration Lawyers are experts in the immigration field. We are here to help employers to ensure they are meeting the legal right to work checking requirements to avoid sanctions, whether it be through online or manual checks.

      For more information on how Birmingham Immigration Lawyers can help, call our friendly team of advisors on 0121 667 6530 for immediate assistance.

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