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Changes to online ‘right to work’ checks

The government has made changes to the Right to Work Checking Service, which enables UK employers to check whether individuals are subject to any restrictions. 

From 28 January 2019, an employer will be able to rely solely on the online checks, provided the prospective employee can use the service. For employees who are non-EEA residents but have biometric residence permits or cards, and EEA nationals who have been granted status under the EU Settlement Scheme, the online checks will be enough. No additional paper documents are needed. The employer needs to check that the online photograph matches the employee and should keep a copy of the online check for at least two years after employment ends. If the person is a student, the employer must also keep records of the course’s term and vacation dates.

EEA nationals who have not yet got settled status will still need to provide the appropriate documents to prove their right to work. It is also worth noting that short form birth/adoption certificates are acceptable from 28 January as well. This makes the position much easier for individuals who do not have passports.

The new system should avoid duplication of work and ensure checks can be carried out swiftly and efficiently.

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