Regulation 4A Right to work checks: DVS identity checkF1F10
A relevant person must—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
comply with the requirements set out in article 6A(2) F8, and
obtain from the RtW DVSP—
confirmation that it is registered in the DVS register and that there is a note relating to it in that register that it provides services in accordance with the RtW supplementary code, and
confirmation that the digital verification services it is providing in respect of the DVS identity check are being provided in accordance with the RtW supplementary code, and
where a facial recognition check is conducted by the RtW DVSP for the purpose of confirming the employee’s identity—
obtain copies of the facial image of the employee within the relevant DVS document or other document and of the facial image of that person in a format that cannot subsequently be altered,
obtain confirmation from the RtW DVSP that the images are of the rightful holder of the relevant DVS document or other document, and
securely retain clear copies of those images and that confirmation for a period of not less than two years after the employment has come to an end.
In this regulation, “RtW supplementary code” means any supplementary code, or revised version of any supplementary code, in force for right to work digital verification services published, or republished as revised, under section 29 of the 2025 Act.
Annotations
Textual amendments
- F1
Reg. 4A inserted (6.4.2022) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022 (S.I. 2022/242), regs. 1(1)(b), 10(4)
- F2
Reg. 4A renumbered as reg. 4A(1) (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 3(3)(b)
- F3
Words in reg. 4A(1)(a) substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 3(3)(c)(i)(aa)
- F4
Word in reg. 4A(1)(a) substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 3(3)(c)(i)(bb)
- F5
Words in reg. 4A(1)(b) substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 3(3)(c)(ii)(aa)
- F6
Word in reg. 4A(1)(b) substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 3(3)(c)(ii)(bb)
- F7
Reg. 4A(1)(c) and word omitted (1.10.2026) by virtue of The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 3(3)(c)(iii)
- F8
Reg. 4A(1)(e)(f) and word inserted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 3(3)(c)(iv)
- F9
Reg. 4A(2) inserted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 3(3)(d)
- F10
Word in reg. 4A heading substituted (1.10.2026) by The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 (S.I. 2026/700), regs. 1(1), 3(3)(a)