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Right to Work Checks – Legislation Change

During COVID-19 legislation was adjusted in line with the measures that had been put into place, this allowed employers to check right to work documents and identification via a scanned copy or a photo of the document, this would then be followed by a video call where the candidate would hold up the relevant document for proof of identification.

From the 1st October the legislation will be changing again as COVID measures come to an end.

What the changes mean:

Employers will have 3 different options when checking right to work and identification from 1st October, these are as follows:

  • Manual Checks: If the document is a none biometric document for example, a birth certificate, the employer must obtain the hard copy and taking a photo or photo copy, before this was sent remotely however from 1st October this must be in person or the hard copy sent by post followed by a video call.
  • Digital checks: For UK and NI residents with a passport, their right to work checks can be done remotely using an this isa certified identification document validation technology service provider who carries out digital identity checks. Companies who provide this service must be accredited by the government. Employ is working with Yoti to get this service in place before the legislation change.
  • EEA Citizens/ Home office: EEA Citizens must prove their right to work using the Home office online services, for Employ Recruitment to check an EEA citizens right work the candidate must provide a share code generated from the Home office.

If the candidate is checked via a digital check or a home office share code, Employ must also have a face call with the candidate for proof of identity. If checks are done in person there is no need for a video call also.

How the IDSP (Digital check) will work for you:

This change will only effect candidates who are first time registers with Employ or if you are a re-register, if so your RTW check will be done via a link sent to your email which will take you through the process of the digital check, this involve taking a picture of your passport, scanning your passport chip and taking selfies to liveliness checks.

As above, If you do not hold a UK passport then an in person registration will be arranged to obtain hard copies of your birth certificate and proof of NI.

If you are an EEA citizen your check will be done via a Home Office share code and video call.


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