Right to work
Everyone needs to go through a right to work verification process to determine if their employee is authorized to work in the UK. Non-compliance with these checks can lead to severe penalties of up to £20,000 per illegal employee. Due to changes resulting from Brexit and the pandemic, the rules have been phased in over an extended period compared to the original plan. However, as of 1st July 2021, the full set of rules has been implemented.
For UK nationals (including Irish nationals), the right-to-work check is relatively straightforward. You still need to conduct a thorough inspection of an original official document such as a passport, ensuring that photos and dates of birth match, and maintain good quality records and copies of the documents.
However, for all foreign nationals (except Irish nationals), determining their immigration status involves considering various schemes:
The Points-Based Immigration System
The EU Settlement Scheme
Employer Sponsorship
EU Settlement Scheme
Let's begin with the EU Settlement Scheme, which applies to EU nationals who began residing in the UK before 31st December 2020. They had the opportunity to apply for settled or pre-settled status until 30th June 2021. This status grants them certain rights based on their duration of stay in the UK, including an automatic right to work. By June 2021, approximately 5.4 million people had registered under this scheme.
It is an individual's responsibility to have completed this process, but as an employer, you need to verify that they have done so to confirm their right to work in the UK.
Points-Based Immigration System
Every foreign national without settled or pre-settled status, whether from the EU or elsewhere, falls under the new points-based immigration system. Points are awarded based on criteria such as education level, English language proficiency, and salary. A minimum threshold of 70 points must be met to qualify for the right to work. Nannies are included on the list of eligible occupations.
Employer Sponsorship and Right to Work Checks for Foreign Nationals
If you decide to employ foreign nationals, excluding Irish citizens or settled/pre-settled EU citizens, you must undergo a sponsorship process. This incurs a cost of £536 per employee for small employers. Obtaining the sponsorship license typically takes weeks, so it's crucial to plan ahead!
Right to Work Checks
Candidates who have obtained satisfactory immigration status through the points-based system or settlement scheme may provide you with a share code. This code enables you to verify their right to work electronically with the government. If they don't provide this code, you'll have to conduct the same rigorous physical document checks as described earlier for UK and Irish nationals.
Tips for Hiring Foreign Nationals
Navigating the right-to-work requirements can be challenging, so it's essential to stay fully informed. Here are some additional pointers:
Follow the right-to-work process diligently. Even if you unknowingly hire someone without the right to work, demonstrating that you followed the proper process can serve as a defense against penalties, which can be as high as £20,000 per illegal employee.
Remember that it is the immigration status, not nationality, that you are verifying during the checks.
Ensure you implement right-to-work checks consistently and fairly. Treating individuals with different characteristics differently during the process could expose you to discrimination claims.
Maintain excellent records, as they will be crucial if any issues arise.
Allocate sufficient time, as some of these processes can take weeks. Start early to comply with all the rules and regulations.
