Regulation 5A Right to work checks: Home Office online right to work checking serviceF1
A relevant person must—
use the Home Office online right to work checking service in respect of an employee;
obtain an online right to work check confirming that the employee named in it is allowed to work in the United Kingdom and is allowed to do the work in question;
be satisfied that any photograph on the online right to work check is of the employee;
retain a clear copy of the online right to work check for a period of not less than two years after the employment has come to an end; F2...
comply, if applicable, with the requirement in regulation 6(2) F3; and
where a facial recognition check is conducted by an RtW DVSP for the purpose of confirming the employee’s identity—
obtain copies of the facial image of the employee from the online right to work check 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 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.
Where an employer relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtW DVSP.
Where the online right to work check F5confirms that the employee has leave to enter or remain on the date that the online right to work check is conducted for a limited period, a relevant person is deemed to comply with this regulation for a further period if the relevant person is satisfied on reasonable grounds that—
the employee has an outstanding application to vary his or her leave to enter or remain in the United Kingdom; or
the employee has an appeal or administrative review pending against a decision on that application.
In paragraph (2), the further period begins on the date on which the limited period expires and ends—
after 28 days; or
if earlier, on the date on which the Secretary of State gives the relevant person written notice that the employee does not have the right to undertake the employment in question.
Paragraph (2) does not apply where the online right to work check confirms that the person had a right to work on the date of the check by virtue of a pending application, administrative review or appeal.
Annotations
Textual amendments
- F1
Reg. 5A inserted (28.1.2019) by The Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 (S.I. 2018/1340), arts. 1, 3(4)
- F2
Word in reg. 5A(1) 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(4)(a)(i)
- F3
Reg. 5A(1)(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(4)(a)(ii)
- F4
Reg. 5A(1A) 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(4)(b)
- F5
Words in reg. 5A(2) substituted (2.2.2023) by The Immigration (Restrictions on Employment etc.) (Amendment) (EU Exit) Regulations 2023 (S.I. 2023/12), regs. 1(2), 3(2)(a)
- F6
Reg. 5A(4) inserted (2.2.2023) by The Immigration (Restrictions on Employment etc.) (Amendment) (EU Exit) Regulations 2023 (S.I. 2023/12), regs. 1(2), 3(2)(b)