The Home Office updates Employer’s guide to right to work checks

The Home Office has recently updated its guidance for employers on right to work checks, with important implications for employers, including umbrella companies. These changes aim to streamline the process of conducting right to work checks, enhance compliance, and reduce the risk of illegal working in the UK.

Key Changes to the Home Office Guidance

The updated Employer’s guide to right to work checks, effective from 12 February 2025, includes several notable changes:

1. Digital Certificate of Application (CoA) Verification: Employers are no longer required to verify a digital CoA with the Home Office Employer Checking Service (ECS) when conducting right to work checks.
2. Enhanced Online Checking Service: The Home Office has improved its online checking service, making it easier for employers to verify an individual’s right to work using a share code. Specifically, the Home Office now issues digital immigration statuses (eVisas) rather than physical biometric residence permits (BRPs).

• • Individuals who apply overseas for a right to work in the UK and are granted permission to enter the UK for more than six months are issued with a sticker in their passport which enables them to travel to the UK. This sticker will be valid for 90 calendar days. Following their arrival, they will have either (a) ten calendar days; or (b) before their passport sticker expires, whichever is later, to create a UKVI account to access their eVisa to prove to their employer they have the right to work in the UK.
  • If an individual needs to start work in the UK before creating a UKVI account and accessing their eVisa, their employer may carry out a manual right to work check using the 90-day sticker. However, before the expiry of the sticker, the employer must conduct a follow-up online right to work checkto ensure they are not issued with penalties for illegal working.

• • If, prior to the expiry of the individual’s sticker, they are unable to access their eVisa, or there is an error with it, they should contact  Their employer is not required to immediately terminate their employment if it believes that the individual has an ongoing right to work in the UK. However, the employer should contact the Employer Checking Serviceto try to obtain a Positive Verification notice to avoid facing severe penalties.

3. Clarified Document Requirements: The list of acceptable documents for manual checks has been updated to provide clearer guidance on what constitutes valid proof of the right to work. The guidance states that:

• • A British or Irish passport, which has the corners of certain pages cut off and/or removed, is considered a cancelled document and is therefore not acceptable proof of right to work.

• • A short or long birth certificate will only be accepted if it is presented alongside evidence of the name and national insurance number of the individual, which has been issued by a government agency or a previous employer.

Consequences for Failing to Carry Out Right to Correctly

Employers may face severe consequences if they fail to conduct right to work checks properly and in accordance with the Home Office guidance, including:

• Civil Penalties: Employers can be fined up to £60,000 per illegal worker if they fail to conduct the right checks.
• Criminal Liability: Knowingly employing an illegal worker can result in a criminal conviction, with penalties including unlimited fines and up to five years in prison.
• Loss of Sponsor Licence: For companies that sponsor migrant workers, failing to comply with right to work checks can result in the loss of their sponsor licence, severely impacting their ability to hire individuals from overseas.
• Reputational Damage: Non-compliance with the guidance can lead to significant reputational harm, affecting business relationships and customer trust.
• Operational Damage: The Home Office may conduct site visits and audits, leading to operational disruptions and additional administrative burdens.

The recent updates to the Home Office guidance on Right to Work checks present both challenges and opportunities for umbrella companies. By understanding and adapting to these changes, umbrella companies can ensure compliance, avoid hefty penalties, and maintain their operational integrity. It is crucial for all employers to stay informed and diligent in conducting right to work checks to protect their businesses and ensure compliance with the law.