Conducting right to work checks

Change in right to work checks for British and Irish nationals from 1 October 2022

The Home Office have announced that the adjustments to right to work checks, introduced on 30 March 2020 will end on 30 September 2022. 

This means that, from 1 October 2022, right to work checks for British and Irish nationals must be in person (manual) checks (see below).

Further information can be found on GOV.UK at: https://www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks

From 6 April 2022 right to work checks are changing

From 6 April Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders will evidence their right to work using the Home Office online service only, presentation of a physical document will no longer be acceptable.

This means that, from 6 April, we will no longer be able to accept or check a physical BRP, BRC or FWP as valid proof of right to work, even if it shows a later expiry date. 

Who carries out right to work checks?

While the majority of checks are carried out in People and OD Operations as part of the recruitment process, staff across the University may need to carry out checks for example on casual workers, graduate teaching assistants, or visitors.

People and OD may also ask you to check the right to work of a member of staff if this needs to be performed in-person at a location outside Manchester where you and the person are both based. 

Which workers need to have their right to work checked?

All workers engaged by the University. It is essential that assumptions are not made about the nationality of staff based on their name, accent, appearance, or current employment.

Note that we do not check right to work of agency-employed staff; the agency is responsible for this check as the employer.  We do not need to check the eligibility to work of the genuinely self-employed i.e. those people with a unique tax reference (UTR) who are providing Operations to the University and providing an invoice to be paid by the University.

When should checks be carried out?

Checks must always be carried out:

• prior to employment for all staff
• when a worker on a visa is changing jobs (to ensure no restrictions exist that prevent them doing so)
• when a worker whose visa or other work authorisation is expiring
• at the point when a worker is granted indefinite leave to remain (ILR)

If it is not practical to make a physical check of their documents in advance of their first day, you must ensure that original documents are brought to People and OD Operations on Day One before they commence work.

How do I -

- carry out a manual check?

• Accept original documents only
• Carry out the check with the person physically present:

1. check photos are consistent with the person’s appearance
2. check photos and dates of birth are consistent across all documents
3. check for expiry dates 
4. check for restrictions on work
5. where applicable, check reasons for name changes (such as marriage), that these are supported by documentation, and photocopy that additional documentation

• Take a copy of the original document
• Certify (sign) the copy by writing the words ‘The date on which this right to work check was made was’ and include the date together with your signature and name in full.
• Provide the copy to People and OD Operations so that it can be stored on their personnel file 

- carry out an online check?

• Carry out the check with the person physically present or on a video call:

1. access the service 'View a job applicant's right to work details'
2. enter the 'share code' provided to you by the individual
3. enter their date of birth
4. check photos are consistent with the person’s appearance
5. check they have the right to work

• Print or save the 'profile' page confirming the individual's right to work. This is the page that includes the individual’s photo and date on which the check was conducted. You will have the option of printing the profile or saving it as a PDF or HTML file
• Provide the copy to People and OD Operations so that it can be stored on their personnel file 

Which documents can I accept as proof of right to work?

The Home Office maintains a list of the only documents we can accept. It is divided into List A (documents which show a continuous right to remain) and List B (documents which show a temporary right to remain). The lists are available in Annex A of this document.

Since 1 July 2021 an EEA passport or national identity card is no longer a valid document to prove the individual's right to work.  For information on how individuals can prove their right to work see Prove your right to work to an employer - GOV.UK (www.gov.uk). 

How do I know the documents presented are genuine?

The range of documents that could be presented is wide, so some guidance on their format, content, and things to look out for is available here.

How do I determine someone is eligible to work from their documentation?

There is an easy to use tool to check whether someone has the right to work based on the documentation presented here and if you are at all uncertain contact your People and OD Operations.

How do I supply the documents to People and OD Operations

If you have undertaken a check involving hard copies that need to be provided to People and ODOperations, these should be brought over to the second floor of Simon building in person whenever possible, rather than going in the internal mail.  People and OD Services Reception will take receipt.  If you are not based on the Manchester campus contact your People and OD Operations team to agree the best way to send them securely.

Online Right to Work Check Guide

More detailed guidance on how to undertake an online right to work check can be found here.