The Government have introduced new legislation to help employers demonstrate compliance with illegal working legislation. A voluntary online Right to Work Checking Service has been introduced which is intended to simplify and clarify the process of immigration right to work checks. You could face a civil penalty if you employ an illegal worker and have not carried out a correct right to work check. Under the new legislation, individuals are also able to authorise their current or prospective employer to conduct a check and will be able to view the information to be shared. The current ‘right to work’ checks for EEA nationals (e.g. a passport and/or EU or EEA national ID card) continue to apply until the end of 2020. There will be no change to the rights and status of EU or EEA citizens living in the UK, or requirement for EU or EEA citizens to demonstrate settled status under the EU Settlement Scheme until 2021. In summary, an employer using the online service will be excused from a civil penalty where: The online check confirms that the employee is allowed to work in the UK and perform the work in question. It satisfies itself that any photograph on the online right to work check is of the employee. It retains a copy of the online check for at least two years after the employment ends. It obtains and retains details of the term and vacation dates of the person's course of study if they are a student. Employers will be able to request either the online check or the existing document-based check. In addition, when conducting right to work checks, employers can now also accept short-form birth and adoption certificates (which, unlike long-form birth or adoption certificates, can be obtained free of charge) together with a National Insurance number. This change will make it easier for British citizens who do not hold a passport to demonstrate their right to work. For further information please see the Government’s Employer's Guide to Right to Work.
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