You can still choose to carry out retrospective checks but if you do you must ensure that you do so in a non-discriminatory manner, this means that you must apply the same approach consistently in your business.

From the 1st July, when hiring individuals from outside the UK, most EEA citizens will prove their right to work using the Home Office online right to work service. This means that they will have been granted their immigration status digitally and can only prove their right to work using Home Office online service.

In order to verify their status they should provide you with a ‘share code’ and their date of birth which will enable you to check their Home Office immigration status via the online service.  

Where this ‘share code’ is not available individuals must provide you with at least 1 of the following

• A passport (current or expired) showing the employee is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK
• A passport or passport card (current or expired) showing that the holder is a national of the Republic of Ireland
• A current document issued by the Home Office to a family member of an EEA or Swiss citizen, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely
• A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service
• A current Biometric Immigration Document (Biometric Residence Permit) 
• A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK
• A current Immigration Status Document issued by the Home Office
• A birth or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
• A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer. 
• A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

We’d recommend conducting an audit to ensure that you have the correct right to work checks for all employee and where there are any gaps, ask for the relevant document as a matter of urgency.

For help and advice on Right to Work Checks in your business contact us today.