Online right to work checks
Online right to work checks can only be used for individuals who hold the following:
- a biometric residence permit
- a biometric residence card
- status under the EU Settlement Scheme – either pre-settlement or settlement
- a visa that allows them to work in the UK and they were not issued with a vignette in their passport, usually because they proved their identity via the 'UK Immigration: ID Check' app and not in person at a visa application centre e.g. an EEA citizen who has applied for a Skilled Worker Visa using the ID Check app.
EU, EEA and Swiss citizens can no longer demonstrate their right to work by presenting their EEA passport or national identity card and will need to do so by using the online checking service.
How to conduct an online right to work check
An online right to work check must be undertaken prior to an individual commencing work at the University and must be conducted with the individual present via a video call.
Step 1 - Use
After first seeking permission from the individual that they would like to demonstrate their right to work using the online service, arrange a video call with them at a convenient time to undertake the check.
Prior to or during the video call, the individual should view their own Home Office right to work record and provide you with the ‘share code’ generated by the service. They may provide this to you directly, or they may choose to send this to you via the service, in which case you will receive an email from email@example.com. The share code will be valid for 30 days, after which a new code will be required in order to conduct an online check.
To view the individual’s right to work details, you will need to type in the share code and the individual’s date of birth.
You must use the Home Office Online Right to Work Service to conduct an online check. It is not sufficient to simply view the details provided to the individual on the migrant part of the service and doing so will not provide you with a statutory excuse.
Step 2 - Check
Check that the photograph on the online right to work check is of the individual presenting themselves for work (i.e. the information provided by the check relates to the individual and they are not an imposter).
You must only employ the individual, or continue to employ an existing employee, if you are conducting a follow-up check, if the online check confirms they have the right to work and are not subject to a condition preventing them from doing the work in question.
If the online right to work check does not confirm that the individual has the right to work in the UK and do the work in question, you will not have established a statutory excuse from this check if you proceed to employ them.
Step 3 - Retain
You must retain evidence of the online right to work check. For online checks, this should be the ‘profile’ page confirming the individual’s right to work. This is the page that includes the individual's photo and date on which the check was conducted. You will need to ensure that the 'Legal basis of status' drop-down option is selected prior to saving so that information on the type of immigration status is displayed. You will have the option of printing the profile page or saving it as a PDF or HTML file.
You will need to include the following declaration ‘Date on which this visual right to work check was made’, signed and dated by yourself with the document.
If an individual is working at the University on a Skilled Worker Visa (Tier 2 Visa previously), or a Temporary Worker Visa (T5), you must also ask the individual to provide you with a copy of their current passport for HR to keep on file in addition to their online right to work check document. The individual will need to send you a copy of the passport pages showing their personal identity details and any relevant entry clearances (visas) or permission (leave) to enter stamps showing they have permission to work for the University. This passport check can be carried out over a video call as above with the individual present showing their passport. You will need to include the following declaration ‘Date on which this visual right to work check was made’, signed and dated by yourself with this document. Further guidance on passport checks can be found under Steps 2 and 3 of our Right to Work webpages.
A copy of the online right to work check and declaration (including a copy of the passport if applicable, as above) should be forwarded to your HR Co-ordinator as part of a recruitment process or uploaded to Stonefish under the Hourly Paid Worker Process. Your HR Co-ordinator will then upload these documents to iTrent under the individual’s record.
It is important that you confidentially destroy/delete the right to work documentation once it has been forwarded to HR.