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March 20, 2023
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Verifile’s UK Right to Work Product Range

Our UK right to work product range has been evolving since the introduction of the option to digitally confirm right to work and obtain statutory excuse for valid British and Irish passport holders. We now have three UK right to work products in our range -  

We’re currently transitioning customers using legacy versions of our UK Right to Work checks to one of these three right to work checks. You may notice a small change to the name of our UK right to work checks and to how we present results. Full details are enclosed below.   

UK Right to Work (Digital & Conditional) 

This is our most comprehensive UK Right to Work check, covering all types of backgrounds and eligibilities to work in the UK. Our customers will either obtain a statutory excuse (subject to two further steps) or a detailed overview of the individual’s right to work status based on evidence we collected from them.   

Process

Using this combined check, we’ll verify UK right to work digitally for holders of valid British and Irish passports. When digital verification is not successful or appropriate, we will ask individuals to supply proof of their right to work in the UK.  

When right to work has been verified digitally, we will provide a report which provides a statutory excuse against liability for a civil penalty in the event of illegal working (subject to two further steps). 

Where individuals supplied us with a Home Office immigration share code, we will provide the profile page confirming the individual’s UK right to work status which provides a statutory excuse (subject to two further steps). 

Where other evidence of right to work is provided, we will review and provide advice on what action is required to obtain a statutory excuse. 

Results 

Completed – Green  

When the UK right to work status has been confirmed digitally. You must -  

  1. Satisfy yourself that the photograph and biographic details (for example, date of birth) on the output from the IDVT (digital identity document validation technology) check are consistent with the individual presenting themselves for work (i.e. the information provided by the check relates to the individual and they are not an imposter). 
  2. Retain a clear copy of the IDVT identity check output for the duration of employment and for two years after the employment has come to an end. 

Please see Employers' right to work checklist - GOV.UK (www.gov.uk) for further information.  

When the UK right to work status has been confirmed via the Home Office immigration status online tool.

You must -  

  1. Satisfy yourself that any photograph on the online right to work check is of the individual presenting themselves for work. 
  2. Retain a clear copy of the response provided by the online right to work check (storing that response securely, electronically or in hardcopy) for the duration of employment and for 2 years afterwards. 

Please refer to Employers' right to work checklist - GOV.UK (www.gov.uk) for further guidance. 

Completed – Amber 

The individual has provided evidence to indicate that they have right to work in the UK. You must undertake a manual right to work in the UK check. You must –  

  1. Obtain original documents from either List A or B of the Home Office’s acceptable documents guidance (we will tell you what documents the individual provided to us). 
  2. Check that the documents are genuine and that the person presenting them is the prospective or existing employee, the rightful holder and allowed to do the type of work you are offering.  
  3. Make a clear copy of each document in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy. You must also retain a secure record of the date on which you made the check. 

Please refer to Employers' right to work checklist - GOV.UK (www.gov.uk) for further guidance.  

Completed – Red 

The individual has not provided any evidence of their right to work in the UK. You should discuss this with the individual.  

UK Right to Work (Digital) 

This is our digital only UK right to work check. For individuals that meet the government’s criteria, this check offers the simplest and easiest way to prove their eligibility to work in the UK.  

Process

We’ll verify UK right to work digitally for holders of valid British and Irish passports.  
  
When UK right to work has been verified digitally, Verifile will provide a report which provides statutory excuse against liability for a civil penalty in the event of illegal working (subject to two further steps). 

When digital verification is not successful or appropriate, the report will state why.  

Results

Completed – Green  

UK right to work status has been confirmed digitally. You must undertake two steps -  

  1. Satisfy yourself that the photograph and biographic details (for example, date of birth) on the output from the IDVT check are consistent with the individual presenting themselves for work (i.e. the information provided by the check relates to the individual and they are not an imposter). 
  2. Retain a clear copy of the IDVT identity check output for the duration of employment and for two years after the employment has come to an end. 

Please refer to Employers' right to work checklist - GOV.UK (www.gov.uk) for further guidance.  

Completed – Red 

UK right to work status has not been confirmed digitally. An alternative method of checking their right to work is required.  

UK Right to Work (Audit) 

This check, unlike the other two, offers customers who check right to work in-house, a second opinion on the documents they collect. 

Process

You will undertake a right to work in the UK check for the individual. We will audit the document copies you provide to us. We will confirm whether, in our opinion, the copies you have taken provide statutory excuse against liability for a civil penalty in the event of illegal working.  

We will advise you of any work restrictions the individual may have (e.g. they have a student visa that only allows limited hours of work during term time) and any necessary follow-up actions, such as checking university term dates. We'll also obtain 'Positive Verification Notices' when applicable and will prompt you a month before any necessary document re-checks are due.  

Results

Completed – Green 

Our audit has concluded that the individual has the right to work in the UK. We have checked that documents from either List A or B were seen. You should have statutory excuse providing you have - 

  1. Checked that the documents are genuine and that the person presenting them is the prospective or existing employee, the rightful holder and allowed to do the type of work you are offering.  
  2. Made a clear copy of each document in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy. You have retained a secure record of the date on which you made the check. 

Completed – Amber 

Our audit has concluded that the individual has a time limited right to work in the UK. We have checked that documents from either List A or B were seen. You should have statutory excuse for that period, providing you have:

  1. Checked that the documents are genuine and that the person presenting them is the prospective or existing employee, the rightful holder and allowed to do the type of work you are offering.  
  2. Made a clear copy of each document in a format which cannot manually be altered and retain the copy securely: electronically or in hardcopy. You have retained a secure record of the date on which you made the check. 
  3. Followed any additional instructions such as checking term dates and scheduling a follow up check when the right to work status expires.  

Completed – Red 

The individual does not appear to have the right to work in the UK, or in our opinion, there is no statutory excuse. You should discuss this with the individual. 

If you have any questions about how this update affects you, please speak to your Customer Success Manager or contact our Client Services Team on +44 (0)1234 339350. 
 

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