Right to work checks: new record keeping guidance
The Home Office has announced new record keeping guidelines for all Tier 2 and Tier 5 sponsors. Employers are now required to keep evidence of a migrant‘s UK entry date, in addition to the right to work checks.
Employers must create a record of when a migrant enters the UK, within 30 days of the visa’s validity period.
How to keep records
If the migrant was seen by the UK Immigration Officer when entering the UK they will receive a stamp in their passport. Employers will need to take a photocopy of this stamp and add this to the migrant right to work check file, as per the guidelines.
If the migrant used the e-gates to enter the UK for the first time, the employer must request evidence in either paper or electronic format. This evidence can be things such as an aeroplane boarding pass, travel tickets etc. The employer will need to verify the date of entry was within the validity period of the vignette.
If the migrant did not enter the UK within this validity period, they should be advised to leave the Common Travel Area and re-enter the UK within their visa’s validity period. The employer will then be required to conduct the right to work check again and record the date the migrant re-entered correctly. Employers should not allow a migrant to start work until the process is completed correctly because the visa will not be technically activated if the migrant entered the UK outside of their visa validity period. Right to work will be deemed to be incomplete.
Freedom of movement is going to end on 31 October 2019 when the UK leaves the EU.
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