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8 August 2023

Right to work checks for employers in 2023

Before a business employs a migrant worker, they must check whether the potential employee has the right to work in the UK. Woodcock Law can help you understand the essentials about the process of checking someone’s right to work.
Estimated reading time: 2 minutes
Right to work checks blog 2023

What is a right to work check?

A right to work check is something that employers must carry out before they employ a migrant worker. 

The check ensures whether it is legal for the migrant to work in the UK or not. Checks must be carried out online on the Government’s website.

How can I check an employees’ right to work?

You can check their right to work with their share code if they have provided it. Also, you can check their right to work with their original documents if they have not given you their share code.

They can also be checked through the use of a service that has Identity Document Validation Technology (IDVT).

Sometimes, the person’s right to work can be time-limited. Employers should check their employees’ documents when they are close to expiring.

What if they do not have any documents or a share code?

If they cannot provide the required information for a right to work check, you must contact the Home Office to check for you.

This may be the case if they arrived in the UK before 1989. However, it can also be a result of them having an outstanding application or appeal with the Home Office.

There may be other reasons you may have to contact the Home Office for a check. For example, if the applicant has a physical or digital Certificate of Application, or an Application Registration Card.

What might happen if I do not carry out the checks?

There will be penalties if you employ someone who turns out to not have the right to work in the UK.

You can read more about the penalties for employing illegal workers as of August 2023 on our blog.

Contact us for our expert advice

Woodcock Law are immigration legal experts. 

If your business needs advice, contact us today.

Ready for assistance?

If you have any questions about the changes or want legal advice, contact
Woodcock Law & Notary Public today. Contact us by phone on +44 (0)20 7712 1705 or
by email at info@woodcocklaw.co.uk.

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