Update on Right to Work checks

In previous articles we have outlined the Right to work documentation and checklists which are a must for any employer. The Home Office guidance for employers Right to work checks has again been updated and is to be found here. Important points to note :

  • The Home Office confirms and clarifies that where the Residence Card, Permanent Residence Card, Accession Residence Card and derivative Residence Card held by a non-EEA national is endorsed on their passport, the passport may be current OR expired and this would still constitute lawful right to work. However, the permit itself must be current and the employer must still check that both documents belong to the worker.
  • Tier 4 Students are only permitted to undertake a work placement when it is an integral and assessed part of their course. Employers must note that a work placement is separate from any employment that a student may be permitted to undertake while they are following the course of study. See Annexe B .
  • There is a helpful table contained in the guidance as to permitted employment by International students at pg 28.
  • The guidance in respect of TUPE transfers and constitution changes to employers is updated to clarify when and why a placement check should be undertaken. It is not necessary to undertake a check when there is only a change to the legal constitution to the company / organisation.  The guide applies where an initial check on a potential employee or a repeat check on an existing employee is required on or after 16 May 2014 and when considering if document checks have been conducted as required to establish or retain a statutory exercise. 
  • Our advice regardless is that if there is any doubt, conduct and updated check and save yourself the possibility of a civil penalty.