?? Latest Updates on Right to Work (RTW) Checks: Key Takeaways for Employers

?? What You Need to Know:

On June 21, 2024, the UK Home Office rolled out new guidance on Right to Work (RTW) checks. Here’s a quick dive into what’s new and how it affects you.

**1?? Biometric Residence Permit (BRP) Holders: No Extra RTW Checks Needed

The Change:

• If your employee has a physical BRP expiring on December 31, 2024:

No new RTW check is required if you’ve already done a valid initial check and are tracking their visa expiry date.

Why It Matters:

• This update simplifies things for employers, easing the burden of follow-up checks.
• If you’re not tracking the visa expiry date, make sure to conduct a new RTW check to confirm it.

Best Practice:

• Keep evidence of the visa expiry date. If unsure, a fresh RTW check can clear things up

**2?? Pre-Settled Status Under the EU Settlement Scheme (EUSS): Easier RTW Checks

The Change:

• Automatic extensions: Pre-settled status now extends from two to five years.
• No repeat checks: If you’ve already done a valid RTW check, no need to repeat it, as long as the employee stays with you.

Why It Matters:

• Less hassle for you, no more repeated checks for these employees

Action Point:

• Review and update your RTW processes to align with these new guidelines

**3?? Asylum Claimants: Follow-Up and Eligible Occupation

The Change

• Follow-up ECS checks: Must be done before the six-month expiry of an asylum claimant’s RTW.
• Eligible jobs:

?Before April 3, 2024: Roles on the old Shortage Occupation List.

After April 4, 2024: Roles on the new Immigration Salary List.

Why It Matters:

• Ensure you’re up-to-date with who can work in what role and when follow-up checks are needed.

Pro Tip:

Track expiry dates and verify that asylum claimants are in roles they’re eligible for

The Big Picture:

• RTW Checks: A must for hiring in the UK, with detailed steps in the Home Office’s guide.
• Regular Updates: This is part of ongoing efforts to refine and clarify compliance. Last major update was February 8, 2024.

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