The Home Office updated its Right to Work guidance on 12 February 2025, introducing significant changes that affect all checks conducted from this date. Employers are legally obligated to verify the immigration status of their employees before they start work, as outlined in the Immigration, Asylum and Nationality Act 2006. Non-compliance can result in penalties of up to £60,000 per illegal worker and may also lead to potential criminal charges. These updates aim to streamline processes and ensure employers comply with UK immigration laws.

Key Changes in the 2025 Guidance

The updated guidance introduces several important changes:

1.    Streamlined Instructions

The guidance has been simplified to make it easier for employers to navigate and comply with their legal responsibilities.

2.    Decommissioning of Biometric Cards

Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs) have been phased out. Workers must now use eVisas via a UKVI account as proof of their immigration status.

3.    Updated Acceptable Documents

Clipped British or Irish passports are now considered canceled and are no longer valid for Right to Work checks. However, expired (but not clipped) British or Irish passports remain acceptable. Additionally, birth certificates—whether short or long—are valid when paired with official evidence of name and National Insurance (NI) number.

4.    Removal of COVID-19 Temporary Measures

Temporary measures introduced during the pandemic have been removed, requiring employers to follow standard verification procedures.

Transition from BRPs to E-Visas

Workers who previously relied on BRPs or BRCs must create a UKVI account to access their eVisa, which serves as their digital proof of immigration status. For individuals entering the UK with a 90-day visa vignette, employers can conduct a manual check initially but must complete an online verification before the vignette expires.

Ukraine Permission Extension (UPE) Scheme

As of February 4, 2025, Ukrainian nationals can apply for an 18-month extension under the Ukraine Permission Extension (UPE) Scheme. Employers hiring Ukrainian workers should review Annex D of the updated guidance for specific requirements.

Conducting Right to Work Checks

Employers must verify an individual’s right to work before employment begins. There are three methods available:

1.    Manual Checks

Employers can review original documents listed in Annex A. List A documents establish a continuous right to work, while List B documents require follow-up checks before permissions expire.

2.    Digital Checks via IDVT

For British and Irish citizens, Identity Document Validation Technology (IDVT) can be used through certified Identity Service Providers (IDSPs). Employers must ensure these checks meet at least a Medium Level of Confidence.

3.    Home Office Online Checks

Non-British/Irish nationals provide a share code and date of birth for verification through the Home Office’s online system.

Employers must retain records for the duration of employment plus two years.

Three-Step Manual Check Process

For manual checks, employers should:

1. Obtain original documents from List A or B in Annex A.
2. Verify that the photo, date of birth, and expiry dates match the individual during an in-person meeting or video call.
3. Securely store dated copies of the documents as proof of compliance.

Digital Checks via IDVT

Employers using IDVT must confirm that the worker matches the digital verification result through an in-person meeting or video call.

Home Office Online Check

For online checks, workers provide their share code and date of birth. Employers must confirm that the photo matches the individual and save the profile page as evidence.

Why Compliance Matters

Failure to comply with Right to Work requirements can lead to severe consequences:

• Civil Penalties: Fines up to £60,000 per illegal worker for repeat offenses.
• Loss of Sponsorship License: This impacts future plans for hiring foreign workers.
• Criminal Charges: In extreme cases, imprisonment up to five years and unlimited fines.
• Operational Disruptions: Investigations may cause reputational damage and financial losses.

Employers must stay informed about updates and align internal processes with current guidance to avoid penalties and ensure legal hiring practices.

For expert advice and assistance in relation to Right to Work Checks or other immigration matters, contact us on 0203 865 6219 or leave a message.