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

IDVT amendments: Illegal Working Compliance Orders Regulations 2016

10.—(1) The Illegal Working Compliance Orders Regulations 2016 are amended as follows.

(2) In regulation 2 (interpretation), in the appropriate places, insert—

““identity document validation technology” means technology operated by a person for the purpose of verifying the identity of another person (“the subject”), whereby a digital copy of a physical document relating to the subject is produced by or in relation to the subject for verification of—

(a)

the document’s validity, and

(b)

whether the subject is the rightful holder of the document;”;

““IDVT identity check” means the response generated by an IDVT identity service provider, using identity document validation technology, when undertaking identity verification with respect to a person;”;

““IDVT identity service provider” means a person that provides identity verification services using identity document validation technology;”;

““relevant IDVT document” means a document falling within the description in paragraph 1 or 1A of Schedule 1 and which has not expired;”.

(3) In regulation 3 (obligation to conduct right to work checks), after “regulation 4,”, insert “4A,”.

(4) After regulation 4 insert—

“Right to work checks: IDVT identity check

4A.   A relevant person must—

(a) obtain in relation to the employee from an IDVT identity service provider an IDVT identity check which shows that there exists in relation to the employee a relevant IDVT document,

(b) receive from the IDVT identity service provider a copy of the IDVT identity check, and the document checked, in a format which cannot be subsequently altered,

(c) reasonably believe that the IDVT identity service provider has complied with the requirements set out in regulation 6A(1), and

(d) comply with the requirements set out in regulation 6A(2).”.

(5) After regulation 6 insert—

“Right to work checks: IDVT identity checks—requirements

6A.— (1) The requirements mentioned in regulation 4A(c) are, in relation to a relevant IDVT document produced for the purposes of an IDVT identity check in pursuance of regulation 4A(a), that—

(a) the IDVT identity service provider takes all reasonable steps to check the validity of the document;

(b) the IDVT identity service provider records in a format that cannot be subsequently altered the date on which the check was carried out;

(c) the IDVT identity service provider is satisfied that the photograph is of the employee;

(d) the IDVT identity service provider is satisfied that the date of birth is consistent with the appearance of the employee;

(e) the IDVT identity service provider takes all reasonable steps to verify that the employee is the rightful holder of the document;

(f) where the document is a passport which is not in the form of a card, the IDVT identity service provider retains a clear copy of the following pages of that document in a format which cannot be subsequently altered—

(i) any page containing the holder’s personal details including nationality;

(ii) any page containing the holder’s photograph;

(iii) any page containing the date of expiry;

(g) where the document is a travel document in the form of a card, the IDVT identity service provider retains a clear copy of the whole of that document in a format which cannot be subsequently altered.

(2) The requirements mentioned in regulation 4A(d) are that—

(a) the relevant person is satisfied that the photograph of the individual contained in the information received by the relevant person in accordance with regulation 4A(b) is of the employee;

(b) the relevant person retains a clear copy of the IDVT identity check, and the documents checked, for a period of not less than two years after the employment has come to an end.”.

(6) In regulation 7 (obligation to produce documents to an immigration officer) for “or 9A” substitute “, 9A or 9B”.

(7) After regulation 9A insert—

“Documents to be produced to an immigration officer: IDVT identity check

9B.   A relevant person must produce a clear copy of the IDVT identity check and the document checked.”.

(8) In regulation 10 (restriction on retention of documents) for “or 9A” substitute “, 9A or 9B”.