Employment law insights

e-Visas: Checking right to work in the UK using digital visas

The UK has been moving to a system of digital visas for some time now which has resulted in the gradual phasing out of hard copy visas such as stamps/stickers in passports and Biometric Residence Permits.

Instead, more and more individuals who require a visa to work in the UK will have an e-Visa. Although there may still be some individuals who have hard copy visas, e-Visas are due to become the most common format of visas.

It is therefore important for employers to be familiar with e-Visas and ensure their right to work checks on e-Visas are compliant with Government policy.

Carrying out a right to work check correctly can help employers to prevent illegal working and ensure they do not face penalties of up to £60,000.

How do you carry out a right to work check on e-Visas?

Although there are a number of different ways to carry out right to work checks, the online right to work check is the relevant one in respect of individuals with e-Visas.

This allows an employer to view an individual's visa conditions online using the .Gov website and determine whether they have the correct permission to carry out the work in question.

To use the service:

  1. Individuals must log in to their online account and and select to share their immigration status for work. They will then be given a 9 character 'share code' which they can pass on to their employer. The code must start with the letter to W. If it starts with R or S it will not be acceptable for work purposes.

  2. Employers must then visit the employer section of the .Gov website to check a job applicant's right to work. Here, they will need to enter the share code and the individual's date of birth.

  3. This will bring up a photo of the individual along with their right to work conditions.

  4. Employers will need to ensure the applicant is present either in person or by video call at the same time. This is to enable the employer to carry out an ID check and satisfy themselves that the visa does belong to the individual.

  5. Employers will need to satisfy themselves that the information about the individual's visa allows them to work in the role on offer.

  6. Satisfactory records of having carried out the check must then be stored securely.

If the right to work check is carried out in accordance with policy, it will establish a statutory defence against liability. It is therefore essential for employers to have a system in place for carrying out right to work checks and ensure these are kept up to date.

Further information on carrying out right to work checks can be found on the Government website at: Checking a job applicant's right to work - GOV.UK.

NB: This article is not intended as legal advice and is for information purposes only. Should you require legal advice, please feel free to contact us and we would be happy to assist.