The Home Office has recently published an updated version of the "Employer's Guide to right to work checks”.

Here’s a breakdown of the key changes:

No more repeat checks for pre-settled status holders

Employers are no longer required to conduct repeat right to work checks on employees who hold pre-settled status under the EU Settlement Scheme (EUSS). This means that for individuals with pre-settled or settled status granted under the EUSS, a right to work check is only necessary before they begin their employment.

Transition to eVisas and follow-up checks

The guidance also addresses the shift from biometric residence permits to eVisas. With this change, employers need to understand when follow-up right to work checks are required. For those unfamiliar, an eVisa is a digital version of a visa that can be used to evidence the right to work in the UK. All biometric residence permits will expire on or before 31 December 2024, so it's crucial for employers become familiar with eVisas when verifying work eligibility.

What should you do

Employers should:

1. Update your HR procedures to reflect the cessation of repeat checks for pre-settled status holders.
   

2. Familiarise yourself with the eVisa system and ensure all employees' right to work documentation is up to date before the expiration of biometric residence permits.
   

3. Note the conflicting definition of supplementary employment which hasn’t been updated in this latest version of the guidance. If you are employing someone to undertake work supplemental to their main employment (which they are sponsored to do), seek further advice. 

Staying updated with these changes is essential for compliance and to avoid any legal repercussions. The fines that can result from getting right to work checks wrong are significant. We offer training and support in this area.

For further information, feel free to contact a member of the employment team.

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