Employer’s guide to sponsor compliance and right to work checks 

Immigration continues to be a crucial issue for UK employers impacting the recruitment and retainment of international staff, especially in light of recent changes in immigration policy and a ongoing focus of government on reducing net migration. In addition, the UK Visas and Immigration (UKVI) has begun the digital transformation by replacing manual processes with automated systems. This includes streamlining the sponsor licence renewal process and automatically extending leave for individuals under the EU Settlement Scheme.

For EEA citizens and their family members who are granted Settled Status or receive an automatic extension of their pre-settled status, the Home Office has announced that no further right to work checks are necessary if one has already been completed. Employers will retain their statutory excuse against a civil penalty imposed by the UKVI even if the individual’s status changes from pre-settled to settled.

While these changes are generally positive, they also heighten the responsibilities of employers. Ensuring compliance with right-to-work regulations is now more critical than ever, especially with the increased civil penalties for hiring employees with no right to work. The penalty has been significantly raised from £20,000 to £60,000 per worker, with greater scrutiny on sponsors to ensure they remain compliant with UK guidance.

Here, we outline what right to work checks a sponsor will need to carry out when employing international workers. 

As the digital transformation begins within UKVI, there is more emphasis on UK employers to ensure that they have robust systems in place to complete the mandatory right to work checks for all employees before or on the first day of employment. Every employee must provide evidence of their legal status within the UK and present the required documentation.

British and Irish Nationals

Employers must obtain copies of one of the following documents and complete an ID verification likeness check:

• A British passport; or
• An Irish passport or passport card

If the individual does not have a passport or passport card, they can prove their right to work with one of the following:

• A UK birth or adoption certificate;
• An Irish birth or adoption certificate; or
• A certificate of registration or naturalisation as a British citizen.

If relying on any of the documents listed, the individual must also provide an official document giving the employee’s permanent National Insurance number and their name issued by a government agency or a previous employer.

Non-British and Irish Nationals

For non-British and Irish nationals, employers must complete one of the following checks to confirm the individual’s legal status and ensure that the expiry date is tracked internally:

Online Right to Work Check

Employers must use the UKVI’s online right-to-work tool for individuals holding a Biometric Residence Permit (BRP), Biometric Residence Card (BRC), or eVisa. The employee must provide a share code and their date of birth. 

The employer should then navigate to the online right-to-work tool, enter the information, and review the employee’s legal status. A copy of this check should be retained in the employee’s file, along with the documentation detailed in Appendix D: guidance for sponsors on keeping documents. The employer should also complete a likeness check in the presence of the employee. 

Manual Check 

An employer can conduct a manual right to work check for non-British/Irish nationals where the employee has:

1. A current passport with a Home Office ‘endorsement’
2. An immigration status document
3. An application registration card

Further clarification on the guidance can be found on the gov.uk website.

If an individual cannot provide either the online share code or the physical documents, the sponsoring employer may use the online ECS to confirm the employee’s immigration status. Upon submission, UKVI should provide either a Positive Verification Notice (PVN) or a Negative Verification Notice (NVN).

PVN: If the sponsoring employer receives a Positive Verification Notice, they will maintain a statutory defence for six months. This excuse will expire six months from the date of the PVN, when a follow-up check must be undertaken if the statutory excuse is to be retained.

If the employee has an outstanding immigration application with the Home Office and receives a PVN, they will maintain a statutory defence for six months. While the immigration application is being considered, the employment of the sponsored individual can continue. If a decision on the immigration application has been made before the PVN expires, the sponsoring employer must then complete a further right to work check, and keep record of this in the employees HR file. If the application remains under consideration, a further ECS check must be conducted and a PVN received in order to maintain the employment.

NVN: If the sponsoring employer receives a Negative Verification Notice, employment must cease immediately, and a copy of the check should be kept on file as per UKVI guidance.

Example: A business is currently sponsoring an individual who has submitted an application for settlement and their current immigration status expires before a decision is made on their settlement application. To maintain a statutory defence, and allow the individual to continue employment, the sponsoring employer must submit a request via the ECS and keep the PVN on file until a decision is received on the application for settlement. Should the settlement application remain outstanding while the PVN expires, the employer will be required to submit a further ECS check and a PVN received in order to maintain the employment.

UK employers must ensure the following during the right to work check:

• The document is original and genuine;
• The document has not been changed or tampered with;
• The document belongs to the individual who has provided the document;
• The information detailed is the same across all documents, including photographs; and
• Where documentation contains different names, the employer should request additional documentation to evidence this, such as a marriage or divorce certificate.

For non-British or Irish nationals, employers must also check the following:

• That the applicants right to work in the UK has not expired;
• That the applicant has the correct permission to undertake there role being offered; and
• If the applicant holds a student visa, the employer must obtain evidence of their term and vacation times. Where there student is employed within term time, and where the visa allows this, they must work no more than 20 hours per week.

With the increase of the civil penalties of hiring employees with no right to work, it is recommended that UK employers regularly review employee files to ensure that the mandatory right to work check is on file, allowing the business to maintain the statutory defence.