Why Are Right to Work Checks Mandatory for the Skilled Worker Visa?

To guarantee that every employee has the legal right to work, employers in the UK are required to abide by stringent immigration regulations. For those on a skilled worker visa, this is especially crucial because companies risk severe repercussions if they neglect to perform appropriate Right to Work checks.

What Are Right to Work Checks?

Right to Work checks involve verifying an employee's identity and documentation to ensure they are legally permitted to work in the UK. This process includes:

• Checking the employee’s passport, visa, or residence permit.
• Validating documents against the Home Office’s guidelines.
• Ensuring authenticity using the UK’s Online Right to Work Check Service where applicable.

These checks are mandatory for all employees, regardless of nationality or visa status.

Why Are They Essential for Skilled Worker Visas?

1. Legal Requirement Under Immigration Rules
   UK immigration laws make it mandatory for employers to verify the work eligibility of Skilled Worker Visa holders. Without this step, employers risk non-compliance with the Immigration, Asylum, and Nationality Act 2006.
2. Preventing Illegal Employment
   Right to Work checks help prevent illegal employment, ensuring that only individuals with the appropriate permission to work are hired. This is particularly important for Skilled Worker Visa holders, who must meet specific eligibility criteria.
3. Avoiding Visa Sponsorship Risks
   Employers who sponsor workers under the Skilled Worker Visa must comply with the Home Office’s requirements. Proper checks demonstrate due diligence, safeguarding the company’s sponsor license.

Consequences of Failing to Perform Right to Work Checks

Neglecting Right to Work checks can result in serious legal, financial, and reputational consequences:

1. Civil Penalties
   Employers found hiring individuals without the right to work face fines of up to £60,000 per illegal worker.
2. Criminal Charges
   Knowingly employing someone without the right to work can lead to criminal prosecution, resulting in unlimited fines or up to 5 years in prison.
3. Loss of Sponsor License
   If a sponsoring company fails to perform checks, the Home Office may suspend or revoke its Skilled Worker sponsorship license, halting the recruitment of international talent.
4. Reputational Damage
   Being publicly associated with illegal employment can damage a company’s reputation, affecting partnerships, recruitment, and customer trust.
5. Disruption to Business Operations
   Losing skilled employees due to non-compliance disrupts operations and incurs additional costs to hire replacements or address legal challenges.

How to Ensure Compliance with Right to Work Checks

To avoid these risks, companies should implement the following best practices:

• Understand Home Office Requirements: Familiarise yourself with the latest immigration rules and guidance.
• Utilize Technology: Use the UK Home Office’s Online Right to Work Check Service to verify documents digitally.
• Train HR Teams: Regularly update HR and recruitment teams on compliance requirements.
• Maintain Accurate Records: Keep thorough records of all Right to Work checks for the duration of the employment plus two years.

Conclusion

Right-to-work checks are not just a legal formality—they are essential for safeguarding your business, maintaining compliance, and protecting your workforce. Failing to conduct these checks can lead to severe penalties, loss of credibility, and operational setbacks.

Take compliance seriously and ensure every new hire is properly vetted. By doing so, you’re not just meeting legal requirements but also contributing to a fair and lawful workplace.

Need help streamlining your Right to Work processes? Contact us today to learn how we can help!