What are the new right-to-work rules?

1 - Right-to-work rules right now
2 - What are the right-to-work rules as of October 2022?
3 - Right-to-work checks and applicant tracking system

Back in March, we flagged that these changes were on the horizon, flip-flopping from pre-pandemic regulations to a new system to cover COVID-19, and in just a couple of weeks, they’re reverting back to their original state!

So what’s changing about right-to-work, and what do you need to be aware of?

Right-to-work rules right now

When the pandemic hit and the workforce took to home offices, the need for hiring didn’t change, but the processes behind it certainly did.

It wasn’t physically possible to check passports and visas in person because of the high-risk of the virus, so the Home Office relaxed their rules to let virtual checks replace physical ones. These are commonly called adjusted right-to-work checks.

What this meant was employers or hiring managers could record the checking of key documentation via video or pictures that a candidate could send in.

Put simply, this is the process:

• Checks are carried out over video calls.
• Candidates can send photos of documents, or scan them for checks using email, rather than posting out the originals.
• Recruiters arrange a video call, ask the candidate to show them the original documents on that call, and check them against the digital copy they were originally sent. Employers should record the date of that call.
• If a candidate can’t provide any right-to-work documentation, employers can use the Home Office Employer Checking Service.

It was welcomed by many, offering more flexibility to both candidates and recruiters, and in the words of our Director of Strategic Communications – Giles Heckstall-Smith – “it removed the burden of the critical part of compliance.”

However, the current virtual approach offers a greater margin for error when checking documents and establishing authenticity. It was hard enough with physical checks!

What are the right-to-work rules as of October 2022?

Right-to-work checks are reverting back to the way they were pre-pandemic, but with a twist!

From the 1^st of October, right-to-work checks for British and Irish nationals must be done using Identification Validation Technology (IVT) or they must revert back to the cumbersome process of manually checking and certifying original documents in person.

According to Lily Malekyazdi – Senior Manager at Vialto Partners:

“The Government would like employers to use a certified Identification Service Provider (ISP), saying it takes reassurance from the certification process and that employers should too. It will not, however, be essential.

Employers have a short window of time to adopt this new regime, and those that get it wrong can be fined £20,000 for each illegal worker and lose their ability to sponsor overseas workers.”

Put simply, this is the process:

• Checks are carried out in person, or through Identification Validation Technology (IVT).
• Candidates will hand over their documentation for verification by employers, or upload them to the IVT digitally.
• There will be costs associated with IVT services. These could vary from £5-10 per check, but it depends on provider-to-provider.
• IVT solutions are really convenient. The candidate downloads an app and takes a picture of their passport and the app scans and checks all elements to give it certified clearance. Some will even check the chip (NFC) on your passport!
• Following this a Right to Work status report is created, including details of any work restrictions and the date of any necessary follow-up checks to help support your statutory excuse.
• Any good Applicant Tracking System should integrate with your IVT. This is something our platform – Jobtrain – offers!