Before allowing a job applicant to start work, the employer must carry out a right to work check.

From 6 April 2022, employers are able to use a new digital identification verification service when carrying out checks for British and Irish citizens, based on a valid passport (or Irish passport card). To do this, the employer must use a certified Identity Digital Service Provider or IDSP.

If employers want to carry out digital checks, the government recommends employers use a certified IDSP– meaning that only digital images of personal documents taken using the certified technology are permitted. Records must be kept for two years after an employee exits the business.

In-person right to work checks remain unaffected. You can find a list of the certified IDSP’s here; https://www.gov.uk/government/publications/digital-identity-certification-for-right-to-work-right-to-rent-and-criminal-record-checks/digital-identity-certification-for-right-to-work-right-to-rent-and-criminal-record-checks

Alternatively, the employer should request that the job applicant produce original documentary evidence indicating that they have the right to work in the UK, check that the documentation appears to relate to the job applicant and keep a copy of it for the duration of the person’s employment and for two years after the termination of employment.

The Home Office produces lists of acceptable documents for the purposes of checking an individual’s right to work in the UK. See:

• Documentation acceptable as proof of right to work in the UK – indefinite right to work in the UK (list A); and
• Documentation acceptable as proof of right to work in the UK – limited right to work in the UK (list B).

In some circumstances, the employer must use the Home Office online right to work checking service to confirm the applicant’s right to do the work in question. The employer will be able to conduct an online check only where the applicant has:

• a biometric residence permit number;
• a biometric residence card number;
• settled status under the EU settlement scheme;
• status under the points-based immigration system rules; or
• a frontier worker permit.

First published May 2022, updated December 2022.