Employer's obligation to prevent illegal working

An employer must check right to work through one of the following three methods before the employee commences employment:

1. Obtain original versions of one or more of the acceptable documents (List A or List B);
2. Check the documents in the presence (physical or virtual) of the holder; and 
3. Make clear copies of the documents, retain the copies and record the date on which the check is made. 

• They are genuine 
• That the person presenting them is the prospective or existing employee 
• That the photograph and dates of birth are consistent across documents and with the person’s appearance.

1. If employee has a current Group 1 document, follow up check should use this document, and statutory excuse continues for as long as date shown on document; 
2. If employee has outstanding in-time application, statutory excuse lasts 28 days from expiry date of employee’s permission “ this is to enable you to verify whether the employee has permission to continue working for you” 
3. During this 28-day period employer must contact the Employer Checking Service and receive a Positive Verification Notice; alternatively carry out a Home Office online check to confirm employee continues to have right to undertake the work
4. If employer receives a Positive Verification Notice the statutory excuse lasts a further six months from the date in the PVN 
5. If employer receives a Negative Verification Notice, the employer’s statutory excuse is terminated and employer should no longer employ the employee. 

1. access the Home Office online right to work checking service 
2. be satisfied that the photo is of the employee 
3. retain a clear copy (electronic or hardcopy) for two years beyond end of employment and then destroy it securely If the Home Office online check does not confirm right to work, the employer does not have statutory excuse.