From 6 April 2022, the Home Office is introducing changes to right to work checks and has recently updated its guidance for employers, releasing details of the new digital identity verification tool for checks carried out on British and Irish nationals. 

The guidance has been introduced as part of the Home Office commitment to finding a long-term solution to facilitating remote manual checks without the need for physical document handling and includes information on the introduction of Identification Document Validation Technology (IDVT) and certified Identity Service Providers (IDSP) to aid right to work checks. 

What will Identity Service Providers do?

From 6 April 2022 employers can engage certified IDSPs to use IDVT to complete the identity verification and eligibility element of checks involving British and Irish citizens who hold a valid passport.  While employers will still have the option to carry out a manual check for British and Irish nationals, manual right to work checks will no longer be acceptable for most non-UK nationals (see Update: New changes to right to work guidance) 

Certified IDSPs are approved companies responsible for validating the identity of a prospective employee on behalf of the employer. Verifying an individual's identity requires IDSPs to follow a process known as 'identity checking' which is made up of five parts:

1. obtaining evidence of the claimed identity (i.e. uploading a copy of the passport or passport card);

2. checking the evidence is genuine or valid; 

3. checking the claimed identity has existed over time; 

4. checking if the claimed identity is at high risk of identity fraud; and

5. checking that the identity belongs to the person who is claiming it.

If employers conduct their right to work checks in line with the guidance and the Code of Practice on preventing illegal working, an employer will have a statutory defence against liability for a civil penalty in the event they are found to have employed someone who is disqualified from carrying out the work in question because of their immigration status.  For employers to be able to rely on the checks carried out by an IDSP to prove eligibility and obtain a statutory excuse, a valid British or Irish passport must be checked and linked to the verified identity. The employer will also need to confirm that the image provided to the IDSP is a true likeness of the prospective employee, which can be done face to face or via video call.  

What is IDVT? 

IDVT is a technology that establishes the authenticity of documents such as passports and biometric residence permits for identity verification purposes.  We await further details of the new IDVT process, but it will enable the prospective employee to use IDVT to upload an image of their identity document or to read the biometric chip.  The technology will then be used to check the data captured which may include comparing the captured image with a live video stream of the individual.  The guidance does make it clear, however, that employers who use IDVT provided by an IDSP will still be ultimately responsible for each right to work check carried out.