Hiring Skilled Workers can be complex. Firstly, as an employer, you need to obtain a sponsor licence, then you offer a job, assign a certificate of sponsorship and conduct Right to Work checks, all before your worker can start employment.
In this article, we’ll discuss why Right to Work checks are important for businesses employing Skilled Worker visa holders and what checks you have to perform to ensure that they have permission to work in the UK.
Why Right to Work Checks Matter for Sponsored Workers
As an employer in the UK, you have a responsibility to prevent illegal working. This means that you have to conduct Right to Work (RTW) checks whenever you employ someone, and it is particularly important to check that your sponsored workers on a Skilled Worker Visa are fully compliant.
Failure to carry out these checks can result in legal penalties of up to £60,000, the revocation of your sponsor licence and reputational damage. A proper check means that you obtain a ‘statutory excuse’ against liability.
Skilled Worker hires must only start employment once checks are complete.
Digital Checks for Skilled Worker Visa Holders
Most skilled worker visa holders now have digital immigration status, which means that they can use the Home Office’s online services and a sharecode to verify their visa.
The visa holder will need to generate a sharecode after registering for a UK Visas and Immigration account. They will then give this sharecode and their date of birth to the employer.
As the employer, you can then use the Home Office online service to enter the sharecode and verify the new hire’s right to work in the UK and generate a record of the check. You must keep evidence of this check to obtain the business’s ‘statutory excuse’.
Manual Checks: When They Might Still Apply
Some Skilled Worker Visa holders may still have physical documents, though this is rare. This would require manual checks.
You must check that they physically have the original documents, such as a current Immigration Status document, in their possession, in the employee’s presence. You should also take a dated copy of their Right to Work documents, and record who conducted the check.
You must only accept documents that are on the Home Office’s list of acceptable documents.
Sponsor Responsibilities Beyond Right to Work Checks
Right to Work checks are only one part of the broader responsibilities of being a sponsor. Employers must report changes in employment, monitor absences and keep up-to-date contact information.
Failure to meet these duties can result in suspension of your licence.
Read our latest immigration guidance for businesses:
- UK Skilled Worker Visa: Employer Responsibilities Explained
- Sponsor Licences: A Guide for Employers
- What Are the New Changes in Skilled Worker Visas in the UK?
Need help with Sponsor Licences?
Hiring a skilled worker visa holder can be complex, but we can help make sure that you have the most appropriate sponsor licence for your business needs.
