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Changes to Right to Work Checks

On the 16 May 2014 document checks with regards to right to work were changed. The new changes were put in force by the UKBA to simplify the civil penalty scheme for employers.

The changes include a reduction to the acceptable list of documents for right to work checks, the travel document has been removed along with work permits and general Home Office letters.

The frequency of follow up checks has been changed for employees with time-limited right to work and now needs to be carried out when their permission to be in the UK expires.

There is also an extension for up to 28 days beyond the expiry date of permission to work as long as the employer is reasonably satisfied that an employee has submitted an application to the Home Office.

Where a TUPE transfer occurs there is an extension up to 60 days for conducting right to work checks on employees who are transferring. 

A date of when a check is carried out must be retained and there is no longer a need to photo copy the front of a passport.

With regards to student visas they now need to provide the employer with a copy of their timetable or vacation calendar in order for an employer to retain and establish a statutory excuse.

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