The Illegal Working Compliance Orders Regulations 2016

[F1 Right to work checks: Home Office online right to work checking service U.K.

5A.— (1) A relevant person must—

(a) use the Home Office online right to work checking service in respect of an employee;

(b) 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;

(c) be satisfied that any photograph on the online right to work check is of the employee;

(d) 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; and

(e) comply, if applicable, with the requirement in regulation 6(2).

(2) Where the online right to work check [F2 confirms 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—

(a) the employee has an outstanding application to vary his or her leave to enter or remain in the United Kingdom; or

(b) the employee has an appeal or administrative review pending against a decision on that application.

(3) In paragraph (2), the further period begins on the date on which the limited period expires and ends—

(a) after 28 days; or

(b) 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.]

[F3 (4) 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.]

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 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)

F3 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)