What is a right to work check?
A right to work check is a Home Office process that all employers are required to carry out for all individuals to establish that each employee or casual worker has the right to work in the UK before they start their employment.
As an employer, the University is required to operate within the UK government's rules on working in the UK. This means we are legally required to:
- check that everyone working or carrying out unpaid voluntary work duties for the University has the appropriate right to work in the UK
- comply with the terms of any immigration visas held by our employees and workers
- retain suitable evidence of our checks so we can prove staff are working legally
Why is it important?
Failing to uphold this duty could be costly and damaging to the University's reputation. It could also disqualify the University from tendering for work and sponsoring students and staff from outside the UK.
The University has a legal responsibility to physically check all original documents presented to us as proof of right to work in UK.
We are subject to regular UKVI audits on this documentation and therefore it is critical that all our right to work paperwork is in order and UKVI compliant.
What is the right to work process?
Right to work checks at the University are carried out by a member of the People Operations and Talent Acquisition teams.
The check must be completed before an individual can commence any paid work or unpaid voluntary work duties with the University to ensure compliance with UKVI legislation.
There are currently three permitted types of right to work check and the options available depend on the type of documents the individual presents to evidence their right to work:.
- a manual right to work check
- a right to work check using Identity Document Validation Technology (IDVT) via the services of an Identity Service Provider (IDSP)
- a Home Office online right to work check
Retrospective Checks
All new starts checked under the Covid 19 adjusted right to work checks (which ended on 30 September 2022) were initially advised that they would be subject to a future in person retrospective check. The Home Office has now confirmed that this will not be required.
Right to Work Check process from 1 October 2022
1. For UK and Irish passport holders and UK list A document holders (e.g. UK birth/adoption certificate) - a) Carrying out a manual check which can take place either in person on campus or via video link to check original documents but in either case the HR staff member must be in possession of an individual's original documents. We can no longer inspect and verify scanned copies via video link or b) We can use a third party Identity Service Provider to complete the digital identity verification element of right to work checks for British and Irish citizens who hold a valid passport (including Irish passport cards).
OR
2. For BRP/E-visa/EUSS holders - Checking an individual's right to work check via the Gov.uk online checking service.
BRP holders: https://www.gov.uk/prove-right-to-work
EUSS holders: https://www.gov.uk/view-prove-immigration-status
To use this service the individual must first obtain a right to work share code from the online service and then provide their share code to the employer. The employer can then check the individual's immigration status via the government's online the right to work service. To be able to use the government online share code service the individual must have confirmed online immigration status or applied for a visa and used the 'UK Immigration: ID Check' app to scan their identity document on their phone.
Book a right to work check appointment by clicking the link below:
https://outlook.office365.com/owa/calendar/HRServices@livenapierac.onmicrosoft.com/bookings/s/n3LFtN7_90qD5H2WXuvoOw2
The Home Office has acknowledged due to the continued impact of Covid -19 that some individuals may have specific circumstances which mean they may not have an original document available.
Please be assured that the People Team will assess any exceptional circumstances and work closely with the individual and hiring manager to support and resolve this type of situation, whilst still ensuring we are compliant with the Home Office Employer Code of Conduct.
If you have any questions, please call the People Team on 0131 455 3344 or email your question and/or request a call back to: humanresources@napier.ac.uk
Please note that due to the UK leaving the European Union new immigration rules apply with effect 1 January 2021.
For more information and guidance on all the new rules, please see the links below:
- The rights and status of EU, EEA and Swiss citizens living in the UK by 31 December 2020 will remain the same until 30 June 2021. With effect from 1 January 2021 EEA and Swiss nationals entering the UK will not be able to apply for settled or pre settled status because free movement between the UK and the EEA needed on 31 December 2020, in this case they will require a visa to be able to work in the UK under the new immigration system.
For more information please seelinks: https://www.gov.uk/settled-status-eu-citizens-families & https://www.gov.uk/guidance/the-uks-points-based-immigration-system-information-for-eu-citizens