Physical documents used in manual right to work checks are now the most exploitable by imposters, due to online and digital checks being comparatively more secure. In this article we highlight some of the weakest document combinations, help you understand the risks if you fail to exercise sufficient caution, and provide some practical tips. 

Why are some physical right to work documents particularly open to exploitation? 

Increasingly, businesses are using Digital Verification Service (DVS) providers (also referred to as ‘Identity Service Providers’, or ‘IDSPs’) to carry out digital right to work checks for British and Irish citizens who hold a valid passport (or passport card).

Also, due to the extensive rollout of eVisas, most non-British and non-Irish nationals must now use their eVisa account to generate a share code. The share code is then used by an employer to verify right to work on the Home Office’s online right to work check service.  

However, the Home Office still accepts various physical documents (in some cases only in specific combinations) as evidence of right to work in the UK. The acceptable documents for manual right to work checks are set out in Lists A and B of the Home Office’s Right to work checklist for employers.

In comparison with digital and online right to work checks, manual checks are vulnerable to exploitation because some documents have little or no security features and some don’t include a photo. This makes it possible (and relatively easy) for an imposter to present legitimate documents that don’t belong to them.

Documents in List A provide a statutory excuse against liability for a civil penalty for the duration of employment. This makes them more desirable for fraudsters to use than List B documents, which only provide a time-limited statutory excuse. 

Some of the weakest document combinations in List A include: 

  • Birth/adoption certificates issued in the UK, Channel Islands, Isle of Man or Ireland, together with an official document from the government or an employer showing the person’s name and permanent National Insurance number (e.g. document from HMRC or a payslip, P60 or P45); and 
  • British naturalisation/registration certificates, together with an official document from the government or an employer showing the person’s name and permanent National Insurance number (e.g. document from HMRC or a payslip, P60 or P45). 

Why should you exercise extra caution when checking physical right to work documents?

A fraudster may present you with:

  • False documents;
  • Legitimate documents which do not rightfully belong to them. 

You should be alert to both scenarios because Home Office guidance states you won’t not obtain a statutory excuse if it is reasonably apparent that a document you are presented with is false, or that the person presenting a document is not the person referred to in it, even if the document itself is genuine.

This can leave you open to receiving an illegal working civil penalty of up to £60,000 per worker. 

You may also be subject to a criminal sanction of up to 5 years in jail and/or an unlimited fine if you know (or have reasonable cause to believe) that a document is false or does not rightfully belong to the holder.

Practical tips for reviewing weaker physical document combinations  

If you are given non-photographic physical document combinations from List A, you should be mindful of imposters and your duties to conduct a compliant right to work check. This includes actively considering whether a document may be false and whether the person presenting a document is its rightful holder. 

Some practical tips are as follows:

  • Ensure you check the original documents (not copies);
  • Carry out the check in the presence of the holder, either in person or via live video link;
  • Examine the documents carefully, looking for any typographical errors, any evidence of tampering/amendment;
  • Check whether the name and any other details are consistent across the documents;
  • Check whether the documents are consistent with the person’s appearance, e.g. their likely age:
    • For naturalisation certificates, does the date of birth the person gave you as part of their application show that they would have been over 18 when naturalisation was granted?
  • Consider asking for corroborating photographic ID, such as a current or expired driver’s licence (noting that this does not form part of the right to work check itself, but may help you to verify identity);
  • If the person wishes to use a different name at work than the name stated on their documents, ask for and carefully review original documentation evidencing the name change, such as:
    • Marriage certificate; 
    • Final divorce certificate; or
    • Deed poll – however do be vigilant if a deed poll is executed in response to a request for further evidence from you, as this may indicate the person is not the rightful holder of the documents presented.

We recommend that right to work checks are carried out at the same point in the recruitment process for all new joiners, and that these take place before the first day of work. This provides you with time to investigate and address any issues with less time pressure. 

We also advise against confronting a person who you suspect may be presenting a false document or one that may not belong them, as this may pose a risk to your safety.

Need more help?

If you would like training on identifying false documents, you can access the Home Office’s online training by contacting the Immigration Enforcement Checking & Advice Service training team at: IE-CAS@homeoffice.gov.uk.  

If you have any queries about carrying out right to work checks or need more detailed assistance with right to work compliance, please contact a member of our immigration team.

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