Right to Work (RTW) Document Checks

Scans or photos of passports or birth certificates for British or Irish citizens are not able to be accepted as evidence of RTW. There are two options available to complete a RTW check.

In Person Check

You will need to physically see the documents, either in person or if the candidate has posted them you can arrange a video call to check their identity (you will still need to be in physical possession of the original documents). The person must be living in the UK. If they post their documents then you should always return these to the individual via recorded delivery.

When a passport or a birth certificate is provided as evidence:

• the documents are genuine, have not been tampered with and belong to the holder;
• photographs and date of birth are consistent across documents and with the person’s appearance;
• the reasons for any difference in names across documents can be explained by providing evidence (e.g. original marriage certificate, divorce decree absolute, deed poll). These supporting documents must also be photocopied and a copy retained.
• If the list of acceptable documents says that the document must be current, you should check that it has not expired.
• If you have to rely solely on an allowable expired passport or travel document to show that a person has the right to remain and work in the UK, then you must take particular care when examining the photographs and comparing these with the current appearance of the person presenting them. Also, you should note the date of birth on the expired document and satisfy yourself that this is consistent with the current appearance of the holder.
• Clear copies should then be taken of each document and the following written on these to verify that the original documents have been seen.
• Please note that the check can only be carried out via teams if you are in physical possession of the original documents.

‘I confirm that the date and time on which this right to work check was made: [insert date and time], the check was carried out via teams/face to face and is a true likeness’

Print name:
Signature:
Date:
and sign the first page of each copied document.

Trust ID

The UoB uses the services of Trust ID as an Identity Service Provider (IDSP) to carry out right to work checks via Identity Document Verification for prospective employees who are British and Irish Citizens.

The P&C Assistant team will send a Trust ID link to the prospective staff member and on receipt of the link should follow the instructions to complete the right to work check.

Once the check is complete a document validation report will be received by the P&C Assistant team and will be reviewed to ensure the check has been successfully completed.

If the check has been successful a P&C Assistant will arrange to meet with the prospective employee either via video call or in person to confirm the image on the document validation report is a true likeness of the prospective employee.

Once this meeting is held and the check is confirmed the P&C Assistant will add the following wording to the document:

‘I confirm that the date and time on which this right to work check was made (insert date and time), the check was carried out via teams/face to face and is a true likeness.’

Print Name:

Signature:

Date:

This document will be placed on the prospective employees file held by P&C as a record of their right to work.

A Home Office online right to work check will provide a statutory excuse against a civil penalty in the event of illegal working involving the subject of the check.

The Home Office online service supports checks for a range of individuals, depending on the type of immigration documentation they are issued with. The use of digital proof of immigration status forms part of the Home Office move towards a UK immigration system that is more digital and streamlined.

Those who apply for immigration status are now issued with an eVisa and are no longer issued physical immigration documents as proof of their immigration permission in the UK. Individuals with an eVisa are only able to use the Home Office online service to evidence their right to work.

It will not be possible to conduct a Home Office online right to work check in all circumstances, as not all individuals will have an immigration status that can be checked online and the P&C team will look at alternative ways to conduct the check.

The online checking service can only be used if the person has given you permission and provided you with their share code, the share code will be valid for 90 days from the point it was issued. The online checking service will ask you to input the following details:

• Input the share code - as an employer we must use the share code that begins with ‘W’
• Input the Employee Date of Birth
• Input the Organisation name

Once the above details have been input, you will be provided with a right to work profile page that will detail the individuals name, a photograph of them and details of any restrictions.

• In the presence of the individual (in person or via live video link), you must satisfy yourself that any photograph on the online right to work check (profile page) is of the individual presenting themselves for work. The individual can only be employed if the online check confirms they are entitled to do the work in question and are not subject to any restriction that would prevent them from doing the work in question.
• A clear copy of the response provided by the online right to work check (storing that response securely, electronically or in hardcopy) must be retained to evidence their right to work.

For examples of the right to work profile page please refer to pages 17, 18, and 19 of the Employers Guide to Right to Work checks [PDF]

• make a copy that cannot be changed, for example a photocopy or a scanned copy in a format that cannot be manually altered, such as a jpeg or pdf document.
• make sure the copy is clear enough to read
• for passports, copy any page with the expiry date and applicant’s details (for example nationality, date of birth and photograph) including endorsements, for example a work visa
• for biometric residence permits and residence cards (biometric format), copy both sides
• for all other documents you must make a complete copy
• keep copies during the applicant’s employment and for 2 years after they stop working for you
• record the date the check was made
• For online checks (using the government service) download and store securely a PDF of the ‘profile’ page confirming the individual’s right to work.
• Clear copies should then be taken of each document and the following written on these to verify that the original documents have been seen.

‘I confirm that the date and time on which this right to work check was made: [insert date and time], the check was carried out via teams/face to face and is a true likeness’

Print name:
Signature:
Date:
and sign the first page of each copied document.

If documents are not able to be provided and one of the following applies:

• you’re reasonably satisfied that they cannot show you their documents because of an outstanding appeal, administrative review or application with the Home Office
• they have an Application Registration Card
• they have a Certificate of Application that is less than 6 months old
• they’re a Commonwealth citizen who’s been living in the UK since before 1988

Application registration cards and certificates of application must state that the work the employer is offering is permitted. Many of these documents do not allow the person to work.

The P&C Department will need to submit an employee check via the Employer Checking Service. If the person has the right to work, a ‘Positive Verification Notice’ will be received to confirm that the applicant has the right to work for a 6-month period and detail any restrictions. This verification notice must be kept as evidence of their right to work and will provide the UoB with a statutory excuse for the duration of the verification notice.

Local departments will be responsible for carrying out all employer checks required to be conducted via the Employer Checking Service for External Examiners.

Evidence of RTW must be provided before someone is able to commence employment with the UoB; if they are not able to provide this evidence then they are not able to commence employment. If the UoB is sponsoring the individual then they will not be able to commence employment until the visa can be provided as evidence and a RTW check undertaken.

For visiting staff, this would be managed by the P&C Department only issuing the visiting contract for the length of time that the visiting staff member can demonstrate that they have the RTW in the UK.

For any permanent/fixed term staff who have time-limited RTW, a check will need to take place prior to the expiry date of an individual’s RTW.

P&C will follow up with any permanent/fixed term staff whose RTW is ending and will contact the individual to discuss their RTW status and request evidence of up to date RTW documentation. This could be any of the following:

• A request to extend the Certificate of Sponsorship has been submitted
• An application has been submitted for an extension of a visa that will allow them to continue paid work
• An application for permanent leave to remain has been submitted
• Permanent leave to remain has been granted

Evidence of any applications made to extend a visa, an application made for permanent leave to remain or if permanent leave to remain has been granted will need to be submitted to P&C. The P&C Department may need to verify the above by submitting an employee check via the Employer Checking Service.

If the person is not able to provide evidence of the above by the expiry date of their current RTW their employment will need to be terminated with immediate effect.

If someone gives you a false document or a genuine document that does not belong to them, you should contact the P&C Department who will contact the Home Office.

• Please securely destroy copies of any identification documents that you hold for unsuccessful candidates. You must also delete any identification documents for the appointed candidate once it has been submitted to the P&C Department.
• If you hold any copies of documents via email, ensure that you delete them and empty your deleted items folder. Any identification documents sent by email should be password protected and the password emailed separately.