United Kingdom | Immigration | Updated Right to Work Check guidance for employers released

Immigration

United Kingdom | Updated Right to Work Check Guidance for Employers Released

Summary

The Home Office released an updated version of the Employer’s Guide to Right to Work Checks on 21 June 2024, applying to right to work checks completed on or after 13 June 2024.

The Detail

Pre-Settled Status

The requirement to conduct repeat checks on employees holding pre-settled status under the EUSS has been removed. Accordingly, if a compliant initial right to work check is undertaken on a pre-settled status holder, a statutory excuse is established for the duration of employment. Pre-settled status holders now have their permission to live and work in the UK automatically extended in blocks of two year periods if they have not yet been granted settled status.  The Home Office has announced an intention to increase this to increments of 5 years.

BRPs Expiring on 31 December 2024 – Welcome Clarity for Employers

The updated guidance confirms in writing what has previously been advised to us by the Home Office, that follow up checks on BRP holders with a BRP expiry date of 31 December 2024 are not required until the holder’s true visa expiry date. The true visa expiry date can be viewed on the visa holder’s online profile.

However, the updated guidance confirms that where the 31 December 2024 date has been wrongly recorded as the visa expiry date, a follow up check will be required. Clients should carefully review their visa expiry records and conduct these follow up checks, where required, before 31 December 2024 to maintain a continuing statutory excuse.

Other changes

• Clarification that a Positive Verification Notice (PVN) from the Employer Checking Service (ECS) in respect of any pending application will provide a continuing statutory excuse for the duration the PVN is valid, unless an employer becomes aware that the employee is working illegally within that six month period (i.e their application has been refused and any appeal rights are exhausted) and continues to employ them.
• Asylum claimants granted permission to work on after 4 April 2024 are restricted to working in jobs featured in the new ‘Immigration Salary List’ (previously the longer Shortage Occupation List). Their Application Registration Card (ARC) will state ‘Permission to Work para 360’.

For more information and advice regarding right to work checks, including a demonstration of Vialto’s Right to Work App, or the transition to eVisas, please do not hesitate to contact our dedicated UK immigration compliance team at immigrationcompliance@vialto.com or your regular UK immigration advisor.

Contact Us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Andrea Als
Director and Solicitor

Tom Marsom
Director and Solicitor

Kate Gamester
Manager and Solicitor

Jennifer Harryman
Senior Manager