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Immigration UK - Right-to-work in 2022

Who should attend

This course is aimed at those within organisations who have responsibility for immigration issues. It is suitable for HR, global mobility and legal professionals who oversee this, operate or implement right-to-work checking processes. The modules do not presume prior knowledge of immigration law.


The adjustments made by organisations to immigration compliance processes following the end of the Brexit transition period and adjusted right-to-work requirements in 2021 continue to require careful consideration and review.

A large number of such new hires are now, for the first time, required to demonstrate they hold permission to work in the UK. Some existing employees may have lost the right to work in the UK by failing to register for settled or pre-settled status. The move towards an electronic system of issuing permission to work means that use of UK Visas and Immigration’s online checking system is now essential and these challenges arise in the midst of the COVID-19 pandemic and the modified checks, currently set to end on 5 April 2022.

This course is led over two mornings by lawyers from our UK immigration team and is the second in a series of modular immigration training courses which we will offer throughout 2022. With use of law, policy guidance and insights from practice, we will help you get up-to-speed with the new requirements and advise about how to manage UK immigration effectively.

Delegates will gain an insight into

  • strategic and practical issues that HR professionals need to consider when reviewing immigration processes and creating a system which is compliant with the new requirements; as well as considerations on how this system should operate
  • making a manual and online right to work check and using the Employer Checking Service
  • managing leave to remain expiry
  • how to object to civil penalties
  • student workers
  • managing informal contact from the Immigration Enforcement
  • practical worked examples of managing problems

Programme Outline

Our first module assesses the requirements of conducting an effective right-to-work check and the circumstances in which this may be conducted through physical documents, on-line or virtually.  The issue of right to work intersects with other legal areas and, in addition to the potential problem of immigration non-compliance, we will address GDPR and the issue of discrimination in applying such checks. The end of the EU Settlement Scheme on 30 June 2021 will mean online checks on the right to work of EEA employees will become necessary and, for many employers, a review of your existing checking process will be necessary. 

The following module will consider how to effectively manage right-to-work issues as they arise.  This will include implementing a suitable system to make the checks, the role of audits and inspection in identifying past non-compliance and the reasons to make such checks.  The penalty regime will be considered in depth, as will handling compliance visits and informal queries. 

Both modules will be supported by observations from our trainers as to how these issues have been managed in practice, with breakout sessions intended for practitioners to share experiences and suggestions.  There will be adequate time for questions within each session and a White Paper will summarise the key learning outcomes.

Module 1

09:30 - 11:30

Operating effective right-to-work checks

Making the relevant checks: physical, on-line and virtual

Identifying potential issues:

i.        non-compliance

ii         GDPR

iii        Discrimination

The situation of EEA employees and transition to on-line checks

Practical steps to addressing each issue 

Module 2

09:30 - 11:30

Handling right-to-work problems

Managing the process through audit and inspection

The penalty regime and action to take on discovering non-compliance

Working with Immigration Enforcement

Common challenges and practical resolutions to these

Forthcoming events and seminars