Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.  

This month's question:

What are the employer’s obligations in conducting Right to Work Checks for employees on a time limited visa?

The Immigration, Asylum and Nationality Act 2006 imposes an obligation on Employers in Northern Ireland to prevent the illegal working. This means the act of employing someone who does not have a visa that allows them to reside and work within the UK. Doing so can carry civil and criminal penalties depending on the severity of the breach committed.

Employers will usually discharge this duty by conducting a ‘Right to Work’ check on prospective Employees before they commence their employment. However, in some situations, these prospective Employees may have a time-limited right to reside and work in the UK. This means that, if left unchecked, the Employer may run the risk of being liable for allowing illegal working if the Employee’s visa is not renewed. 

In order to mitigate this risk, Employers should diarise a repeat ‘Right to Work’ check before the expiry of the Employee’s visa. It is prudent to do this in good time before expiry to allow the Employee to gather up their required documents. 
 

In conducting these checks, it is very important that the Employer keeps an up-to-date and detailed record of all checks carried out in order to protect themselves. The Employer should also keep clear copies of all the original documents. These will need to be retained for the period of the respective Employee’s employment and a further two years after their employment ceases.