Home Office online Right to Work check service
Conducting an online Right to Work check using this service will provide the University with the required ‘statutory excuse’ without requiring original documents to be presented in person.
Currently, however, this online service can only be used for individuals with:
- A Biometric Residence Permit (BRP) card
- Status issued under the EU Settlement Scheme (i.e. Settled or Pre-Settled status)
- EU/EEA and Swiss nationals who have been issued with a UK visa (who will have been issued an electronic immigration status instead of a vignette or BRP)
- EU/EEA and Swiss nationals who have a Frontier Worker Permit
- a Graduate visa who may have been issued with an electronic immigration status instead of a BRP
The service works on the basis of the individual first viewing their own Home Office right to work record. They may then share this information with the University, by providing a ‘share code’, which, when entered along with the individual’s date of birth, enables access to view information on their visa or immigration status. The share code will be valid for 90 days, and can be used several times during this period, provided the share code is for the correct type of check, which must be for work (W), not rent (R) or student (S).
In order to conduct an online RTW check you will need to:
Ask the prospective employee or casual worker for:
- their date of birth
- the type of visa or immigration status they have
- A 'share code' which they can generate and provide, or choose to send this to you via the service, in which case you will receive an email from 'email@example.com'
Those with Pre-Settled or Settled status and EU/EEA and Swiss nationals who do not have a vignette or BRP can View and prove their immigration status here.
Those who have a vignette or BRP use a different Home Office page to View and prove their right to work.
Use the Home Office online right to work check service
Go to the Home Office website to View a job applicant's right to work details where you will have to enter their 'share code' and date of birth to view a 'profile' page with their details.
Check that the photograph in the 'profile' page matches the person
This can be done by meeting the prospective employee or casual worker in person or via Microsoft Teams/ other video app.
Ensure that any special conditions of employment are noted, for example
dates of the visa or immigration status, particularly where right to work ends on a set date
restrictions on the number of weekly hours they can work (20 hours during term time for students & 20 hours supplementary employment for sponsored Skilled Worker/ Tier 2 and Tier 5 visa holders)
restrictions on the type of work which can be undertaken (for sponsored Skilled Worker/ Tier 2 and Tier 5 visa holders)
If the online check indicates the individual is a sponsored worker, a copy of their Certificate of Sponsorship is still required to show that the permitted type of work has been checked.
Retain evidence of the online check
The online ‘profile’ page confirming the individual’s right to work must be retained to show a right to work check has been carried out. This is the page that includes the individual's photo and the date on which the check was conducted. You will have the option of printing the profile page or saving it as a PDF or HTML file. You should store this securely, (electronically or in hardcopy) for the duration of employment and for two years afterwards. The file must then be securely destroyed.
Record details of their right to work
If the RTW has an end date, they have a time limited 'List B' right to work and their information must be added to your list of ‘List B’s.
If a University employee or casual worker, ensure that their RTW details are added to PeopleXD, selecting the visa type or immigration status they confirmed they had applied for. For PeopleXD data input, if the online check does not indicate when their right to work started, use the date when the online RTW check was undertaken.