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Right to Work check changes from 28 January 2019

08 January 2019 #Immigration

On 13 December 2018, the Government laid before the Parliament the Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 and an updated Code of practice to prevent illegal working.

This Order allows employers to be able to solely rely on an online check from 28 January 2019 for those prospective employees eligible for this scheme.

Previously, employers have been required to request paper documents alongside the online checks. However, from 28 January 2019,

Immigration Minister, Caroline Nokes said:

“This is another step we are taking to simplify and modernise the immigration system. The online Right to Work Checking Service makes the checks simpler for employers and provides greater security as they no longer need to rely on physical documents when checking migrants’ status, further reducing the risk of forged documents being presented.

Above all, our new checking service makes it easier than ever for migrants to view and prove their right to work in the UK.”

The online Right to Work Checking Service can be used by non-EEA nationals who hold biometric residence permits or biometric residence cards and EEA nationals who have been granted settled status under the EU Settlement Scheme. EEA nationals who have not been granted settled status under the EEA scheme will still need to demonstrate their right to work through the appropriate documents, such as their national passport, as now.

The changes will also make it simpler for UK nationals without British passports to demonstrate their citizenship by enabling them to use short birth or adoption certificates, which they can get for free, instead of the long versions.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking professional and legal advice. Please refer to the full General Notices on our website.

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Monica Atwal

Monica Atwal
Managing Partner

E: matwal@clarkslegal.com
T: 0118 9604 605
M: 0787 659 0971