New digital identity checking
technology for employers
and landlords
24 January 2022
The Home Office has confirmed in a press release this week that employers and landlords will soon be able to make use of new digital identity checking technology to carry out right to rent, right to work and DBS identity checks for their employees and tenants.
From 6 April 2022, certified Identity Service Providers (IDSPs) will be able to use Identification Document Validation Technology (IDVT) to conduct the checks entirely online. The technology aims to make it quicker, safer and more convenient for landlords and employers to carry out the necessary checks whilst cracking down on abuse of the immigration system.
IDSPs will allow identity verification to be carried out remotely, reducing the costs of the recruitment and letting processes. Landlords and employers who use an IDSP will also benefit from significant time savings, as they will no longer need to physically examine documents and IDSPs will be able to carry out checks at scale, for example in large recruitment campaigns when a high number of new employees are being onboarded at once.
Minister for Safe and Legal Migration, Kevin Foster said: “Online checks make it quicker, easier and more secure for employers and landlords to carry out right to rent and right to work checks and stop those looking to abuse our immigration system.
These changes will make the checks more secure, quicker to do and will better support remote working practices.”
What is a Right to work check?
All UK employers are required by law to carry out initial right to work checks on each individual worker they intend to hire, in order to prevent illegal working.
It is an offence to knowingly employ anyone who does not have the right to work in the UK by reason of their immigration status. Employers can face a civil penalty of up to £20,000 for each illegally employed worker who does not have the right to work in the UK, and where correct right to work checks were not undertaken.
What is a Right to rent check?
With similar principles to a pre-employment check, a Right to rent check is a legal obligation which landlords must fulfill when renting property in England. A Right to rent check must be carried out an all prospective tenants before entering into a residential tenancy agreement to ensure the tenant holds a lawful immigration status in the UK.
Failure to comply with these requirements can result in landlords facing a civil penalty of up to £3,000 for each tenant who does not have a right to rent in England, and where the correct right to rent checks were not undertaken.
Implementing a fully digital immigration system
Currently, right to work checks and right to rent checks can be carried out either manually or online. The type of check that is required depends on the status of the individual you intend to employ or rent your property to:
- A manual check can be completed for UK and Irish nationals who can use their passport as proof of their right to work or right to rent. A manual check should also be conducted for individuals who do not hold a digital immigration status.
- Online checks are required for individuals who only hold digital proof of their immigration status in the UK. This includes most EU, EEA and Swiss citizens. To carry out an online right to rent or right to work check, you will need the applicant’s date of birth and their share code, which they can obtain online here.
The introduction of the new IDVT technology for identity checking forms part of the government’s New Plan for Immigration, which sets out key measures to tackle and deter illegal immigration and lays the groundwork for the transition to a fully digital immigration system.
Going forward, we can expect to see an increased use of online tools and processes as more migrants obtain digital immigration statuses instead of physical documentation.
Support for employers and landlords
Employers and landlords are duty-bound to follow the rules on identity checking to help the Home Office identify and prevent illegal access to employment and accommodation in the UK, and non-compliance is not an option. Hefty fines and even a prison sentence may be given to those who fail to carry out the necessary checks.
Smith Stone Walters is on hand to help with all immigration related compliance issues for businesses of all sizes. To speak to an immigration advisor, please contact us today.
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