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The Home Office have today released updated guidance for conducting Right to Work checks; the most significant updates contained in this guidance relate to:

  1. The use by candidates of the Government’s online right to work check service
  2. An amendment to the acceptable document list to remove the requirement that a British birth certificate must be the full (long) certificate.

Birth Certificates

What is changing? 

The legislation has changed such that a ‘short-form’ birth or adoption certificate, together with an official document confirming a candidate’s National Insurance number, is now an acceptable Right to Work document; i.e. it is no longer a requirement for the birth or adoption certificate to be a ‘long-form’ birth or adoption certificate that includes the candidate’s parent(s) name(s).

If I am using the Rightcheck is there anything I need to do as a result of this change?

No – Rightcheck is being updated to reflect this change.

Online Right to Work checks

What is changing? 

The Government has announced an online Right to Work check service. However, this an optional service only relevant to limited categories of individuals; if the service is used there are still important steps that must be followed to ensure compliance and a statutory excuse. 

Who can use the Government online Right to Work Check?

The service is limited to individuals with a biometric residence permit or a new EU settled status (which is for EU nationals living in the UK after BREXIT). 

If I am using Rightcheck is there anything I need to do as a result of this change?

No – Rightcheck is being updated to reflect this change.

Rightcheck App user – as opposed to a candidate presenting you with their ID documentation they may opt to a supply you a ‘share-code’ to view their Right to Work status online. If this does arise, when you see the list of acceptable documents within the app you should select the option ‘ONLINE RIGHT TO WORK SHARE CODE’ and the app will then guide you through exactly what you need to do. 

HR administrator, portal user – when the check is submitted you will be guided to use the share code to view the candidate’s Right to Work status online at https://www.gov.uk/employee-immigration-employment-status; you will be alerted to (i) check the photograph of the individual viewed on-line is the same person as the submitted check and (ii) to upload the document you view on-line.