Right to work checks
Imperial College London has a legal obligation to:
- ensure that all prospective workers have the right to work (RTW) in the UK before they start work.
- undertake follow up RTW checks (during employment) on workers who have time limited leave to enter or remain in the UK before their current permission expires
- undertake appropriate RTW document checks for workers acquired following a TUPE transfer within 60 days
Please note that:
- failure to carry out RTW checks may result in a civil penalty and that recruiters are personally liable.
- all offers of employment must be made subject to a satisfactory RTW check.
- individuals will not be permitted to start work until a satisfactory RTW check has been undertaken.
- Where Departmental staff are responsible for checks, please ensure that checks are fully completed and evidence has been submitted to the relevant HR team, before confirming a final start date to the individual and allowing them to start work.
- Where the Staff Compliance Team/Casual Worker Team are responsible for checks, please await the formal confirmation from SCT/CWT that all pre-employment conditions have been met before allowing individual to start work.
- follow up RTW checks during employment/work will be undertaken by the Staff Compliance Team or Casual Worker Team as necessary
Please note the following important changes to RTW checks from 6 April 2022:
- Home Office online RTW checks will become mandatoryfor individuals who hold a Biometric Residence Permit (BRP), Biometric Residence Card (BRC), or Frontier Worker Permit (FWP).
- It will no longer be permissible to carry out an adjusted/in person manual check of these physical documents from this date.
- As we have been undertaking online RTW checks for these individuals since September 2021, our RTW check guidance remains unchanged.
- Statutory in person RTW checks may need to take place again from 1 October 2022 for those we cannot conduct online checks for using the Home Office Online RTW check portal. However the Home Office is introducing a new system of digital identity checks as an alternative to manual checksfor UK and Irish nationals with a valid passport (or Irish passport card).
- This will allow employers to purchase the services of a certified Identity Service Provider (IDSP) from an approved Home Office list to carry out Identity Document Validation Technology (IDVT) identity checks to support RTW checks.
- As further details emerge over the next few months we will consider the feasibility and benefits of using IDVT across the College. We will update you about any changes that result from this review in due course.
- The temporary COVID-19 adjusted RTW check measures, which have allowed Right to Work (RTW) checks to be carried out remotely by video call (since 30 March 2020) instead of in person, will now end on 30 September 2022.
- There are two types of RTW checks that the College may carry out:
- a manual document-based check, which can currently be conducted remotely by video call or in person; and
- an online check, using the Home Office Online RTW check portal
- Responsibility for conducting RTW checks is dependent on an individual’s nationality and immigration status, as highlighted in the table below.
- Guidance on conducting online checks using the Home Office Online RTW check portal is available. For any queries regarding the online checks process or result, please contact the Staff Compliance Team.
- Additionally, where an individual has an outstanding visa/immigration status application or their immigration status requires additional verification, the Staff Compliance Team or Casual Worker Team will check this using the Home Office Employers Checking Service (ECS).
- For Right to Work (RTW) checks conducted between 1 September 2021 and 6 April 2022, please follow the appropriate actions outlined below and on the Right to Work Checklist- to be used for checks conducted from 1 September 2021 and 5 April 2022.
- For Right to Work (RTW) checks conducted between 6 April and 30 September 2022, please use the Right to Work Checklist - to be used for checks conducted from 6 April and 30 September 2022.
- Given the frequency of updates, please use the current published version rather than saving local copies.
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If the worker is: |
They will require a/an: |
They must: |
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Adjusted manual RTW check - conducted remotely by video call or In person manual RTW check By the departmental or Casual Worker Team RTW checker |
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Online RTW Check
By the departmental or Casual Worker Team RTW checker |
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Online RTW Check By the Staff Compliance Team or Casual Worker Team RTW checker |
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Adjusted manual RTW check - conducted remotely by video call or In person manual RTW check By the Staff Compliance Team or Casual Worker Team RTW checker
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Home Office Employers Checking Service (ECS) RTW check
By the Staff Compliance Team or Casual Worker Team RTW checker
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The 3 step process
Step 1 - Obtain
There are two types of right to work (RTW) checks that the College may carry out:
- a manual document-based check - currently conducted remotely by video call or in person
- or
- an online check
These checks may be conducted by departments, the Staff Compliance Team or the Casual Worker Team, dependent on nationality and immigration status, as highlighted in the table above.
Additionally, where an individual has an outstanding visa/immigration status application or their immigration status requires additional verification, the Staff Compliance Team or Casual Worker Team will check this using the Home Office Employers Checking Service (ECS).
For manual RTW checks
Obtain original documents from one of the lists of acceptable documents for right to work checks, either List A or List B Group 1 or List B Group 2:
- List A documents provide continuous permission
- List B Group 1 documents provide time-limited permission until the expiry date of leave
- List B Group 2 documents provide time-limited permission for 6 months
Please note that, from 6 April 2022, online RTW checks are mandatory for individuals who hold a Biometric Residence Permit, Biometric Residence Card and Frontier Worker Permit and that it is no longer permissible to carry out a manual check of these physical documents.
or
For online RTW checks
Obtain RTW ID documents and RTW share code.
The online RTW check portal supports checks for those who hold:
- a biometric residence permit;
- a biometric residence card;
- status issued under the EU Settlement Scheme;
- an EU Settlement Scheme Certificate of Application (CoA);
- status issued under the points-based immigration system;
- British National Overseas (BNO) visa;
- Frontier workers permit
and
For all manual and online RTW checks
Obtain additional documents for the following:
- For Tier 4/Student visa holders:
- A completed Student Visa work form; and
- Where the term dates are not stated on the Student Visa work form, evidence of term and holiday dates (ideally for full duration of the study programme however, if the evidence covers a lesser period, additional evidence will be needed for employment to continue past the expiry date); or
- Evidence of completion and/or award of the study programme to confirm that their term-time working hours restriction no longer applies whilst their Tier 4 / Student visa leave is valid
- This requirement is in place in order to ensure that the College has on record details of when the student is able to work part-time or full-time.
- For Tier 2/Skilled workers or Tier 5/Temporary workers, sponsored by Imperial and newly arrived in UK:
- Evidence of UK Entry date (e.g. stamp in passport / flight booking evidence) during Entry Vignette validity period
- For Tier 2/Skilled workers or Tier 5/Temporary workers, sponsored by Imperial or another employer and undertaking supplementary work:
- Certificate of Sponsorship, Job description and Contract (confirming the normal working hours)for their sponsored employment – this must be checked by the Staff Compliance Team before work starts
Step 2 - Check
For manual RTW checks
You must view the original documents in the presence of the holder and check that:
- photographs and dates of birth are consistent across documents and with the individual’s appearance;
- expiry dates for permission to be in the UK have not passed;
- any work restrictions allow them to do the type of work on offer;
- the documents are genuine, have not been tampered with and belong to the holder;
- the reasons for any difference in names across documents can be explained by providing evidence (e.g. marriage certificate, divorce document, deed poll).
Please contact the Staff Compliance Team for further advice if you are concerned about the authenticity of a candidate's documentation.
For online RTW checks
The RTW checker will use the Online RTW Check portal to view the individual’s immigration status and photo online and will verify the online check photo themselves (if departmental checker) or by contacting the department (if Staff Compliance Team or Casual Worker Team) or conduct a video call with the individual.
Guidance on conducting online checks is available. For any queries regarding the online checks process or result, please contact the Staff Compliance Team.
Step 3 - Copy
- Request/copy and retain clear, good quality copies/scans of each document in a format which cannot manually be altered, including:
- Passports: any page with the document expiry date, nationality, date of birth, signature, leave expiry date, biometric details, photograph, and any page containing information indicating the holder has an entitlement to enter or remain in the UK (visa or entry stamp) and undertake the work in question.
- All other documents: the document in full,including both sides of a Biometric Residence Permit or Application Registration Card.
- Online RTW checks results: the dated PDF result document
- Complete the Right to Work Checklist to confirm:
- that the RTW check was conducted before the individual’s first day of employment; or
- the date and time the RTW check was conducted on their first day of employment, to demonstrate that the individual did not start work before the RTW check was undertaken.
- Where the individual already holds a valid RTW in the UK status and the departments is responsible for the RTW check, email the successful candidate’s completed Right to Work Checklist (including scanned RTW evidence document photos/scans, and saved as one PDF) to the relevant team along with the request to hire/contract request form.
- RTW checks may be completed at/after interview stage.
- Where the RTW check is not conducted at interview stage, this must be scheduled and completed prior to the individual’s proposed work start date.
- Wherever possible we recommend that you complete the RTW check and submit the completed RTW checklist and evidence with the new hire/contract request, or as soon as possible thereafter, to the HR Recruitment/Staff Hub to allow sufficient time for this to be quality checked. This will help to ensure that this pre-employment condition does not cause any avoidable delays to start dates.
Useful UKVI guidance:
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Useful UKVI guidance: