The Employer Verification Service (ECS) is a free online service provided by the Ministry of the Interior that enables employers to fulfil their obligation to verify workers` right to work if the person is unable to use online checks or provide acceptable documents for manual checks. This may be because they are waiting for a decision from the Home Office on a pending application, review or appeal, or if they arrived in the UK before 1989 and do not have official documents to prove their status. Allegations of undeclared work could be defended if the employer could prove that, during the period of validity of the scheme (between 30 March 2020 and 30 September 2022), it carried out documentary checks in accordance with the prescribed manner or the rules adapted to COVID. However, individuals who have worked illegally and their employers may still be subject to enforcement action. Therefore, employers dealing with an EU worker whose application for permanent status has been rejected should seek our advice in order to avoid related problems such as discrimination or unfair dismissal, as well as allegations of undeclared work. In addition, those who have a temporary right to work in the UK (i.e. those who hold a “List B” document such as a visa) must re-examine before their visa/document expires. Record retention is essential to respect for the right to work. You must make and keep copies of the documents provided and record the date of the examination. Employees may submit one of the following unexpired List C documents: List B workers pose an additional risk to employers due to the time limit set for their work permit and the impact of hiring an employee whose work permit has expired. You need to stay up to date.
Regular checks for List B employees, for example, employers can use the online verification service instead of doing a manual check to verify an employee`s permission to work where the person has: You could face a civil penalty if you employ an illegal worker and have not done a proper right-to-work check. Please note that most student visa holders are allowed to work up to 20 hours per week. Before hiring a student, ask them to complete the Declaration of Student Employment form to verify that they are working for another employer and that their visa allows them to work full-time outside of the semester. Whether you`re trying to find work as a non-citizen or change your citizenship status via a green card or visa, Jackson White Law Firm`s services are here to help. If you are not a citizen and want to work in the United States, you will need one of three documents: EU and Swiss nationals with British or pre-established status must prove this via the Home Office`s online verification service (as below). People with biometric authorisations and cross-border worker authorisations for the UK must use the online service (see below). And while employers are not expected to demonstrate a level of expertise in detecting fraud, there are certain expectations about fulfilling their duty to prevent illegal employment. This also includes verifying the authenticity of the documents and their belonging to the person to be employed.
Retroactive checks are not required for EU/EEA citizens employed before July 1, 2021, but casual players starting a new hire will have to comply with the new RTW rules, even if they have already been hired. If you rely on an online cheque and a stock code, the employer must see the new employee face to face on the first day to confirm that the person`s photo on the online cheque is the person reporting to work. When you meet with the employee, the employer must download and save a copy of the PDF document for online verifications and record the time and date of the meeting with the employee on the first day. If the EU worker wins his or her application for permanent status, he or she must inform his or her employer, who can then use the ECS to confirm his or her employment status. List A and List B documents are two lists of documents that can be accepted as proof of the right to work. Whether a worker is in List A or List B depends on their nationality and/or current immigration status in the UK. Each of the three documents listed above has a different application process as well as different requirements, which means you`ll need to determine which document is best for your situation. If you`re not sure what document to get or want to make sure you don`t choose the wrong document and pay more than you need, an experienced immigration attorney can help you with this process. Employees must provide documentation to their employer to prove their identity and eligibility for work.
The submitted documents must then be verified by the employer. Make and keep copies of the documents and note the date you completed the exam. The documents on List B only establish identity. Employees who choose to submit a Schedule B document must also provide a Schedule C document for item 2. Employees may submit one of the following unexpired List B documents: If current employees have limited permission to stay and work, you must ensure that a review is scheduled and completed before their current leave period expires. Simply put, as of October 1, 2022, employers must either conduct their right-to-work reviews in person or implement appropriate and compliant processes through an identity service provider (IDSP). The type of verification you can perform depends on a number of factors, such as the nationality of the employee.