Are You Prepared For Brexit And Right To Work?

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14 March 2019

The Home Office have made changes to the Right to Work checking system, writes Stefan Sosnowski, who is  of the opinion that this is not the panacea for all that it is cracked up to be.

Based upon the number of calls my company, uComply, are receiving from employers, it obvious that trying to decipher what reality is can be confusing.

I will now try to give you the facts.

With effect from 29 January 2019, an online right to work check for a biometric residence permit (BRP) or biometric residence card (BRC) was launched. If an employer follows this route, it will allow them to establish a statutory excuse against a civil penalty in the event of illegal working.

You can do this by using the Home Office online right to work BRP/BRC checking service.

 

Brexit

It is important to be aware that this is currently voluntary and to a large extent how it develops is largely dependent on what happens with the ongoing Brexit discussions.

Three scenarios exist:

• If Brexit goes ahead, all European’s will need an online residency permit by June 2021.

• If Brexit is not agreed, all European’s are still likely to need an online residency permit by December 2020.

If there is a change of government and/or Brexit is radically altered the effect on European rights to work effect are unknown.

We know based upon the last guidance update on the January 28 that the current processes and procedures will stay in place alongside the new online checking process.

 

The next sections provide highlights around using the online checking service.

 

Conducting an online right to work check BRP or BRC - you’ll need either:

• Biometric residence permit (BRP) number

• The candidate 'share code'.

• Candidate consent.

 

Candidate Consent

The service works on the basis of the individual first viewing their own Home Office right to work record and then providing consent to the employer.

Take a look - Click Here

 

The candidate may then share this information with you if they wish, by providing you with a ‘share code’, which, when entered along with the individual’s date of birth, enables you to access the information. The share code will be valid for 30 days, after which a new code will be required in order to conduct an online check.

To view Right to Work - Click Here

 

 

Statutory excuse

The employer part of the service is called ‘View A Job Applicant’s Right To Work. You can find more details if you search gov.uk

You must access the service using the employer part of the service in order to obtain a statutory excuse.

It is not sufficient just to view the information provided to the employee or prospective employee, when they view their profile using the migrant part of the Home Office online right to work checking service and doing so will not provide you with a statutory excuse. You must take the report produced and store it in your employment records to prove the check has been performed.

 

Questions

What if the candidate hasn’t registered on the Prove Your Right To Work To An Employer service?

What happens if the candidate doesn’t want to give their share code to you?

What happens candidate doesn’t have a BRP or share code?

Then, you follow the existing guidance.

 

Here’s how uComply can help you

We at have a solution that ensures you follow the process either way. We will validate the BRP or BRC; validate the picture stored in the chip (Android or ID Scanner, validate security features (ID Scanner), produce a report for a Statutory Excuse and provide you with a full audit trail.

In addition, if you have a share code and you have the report our system will ask you to upload the Home Office report; prompt you to enter the expiry date; store this record in the cloud for further retrieval and will alert you should the document expire,

Our uAuthenticate system will keep you process compliant with the Home Office guidance whether you use the new online service or not.

Picture: With effect from 29 January 2019, an online right to work check for a biometric residence permit (BRP) or biometric residence card (BRC) was launched.

Article written by Stefan Sosnowski | Published 14 March 2019

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