If you’re applying for a position, or trying to recruit people to fill vacancies, you will probably be aware of Right to Work checks. These aim to try to stop people working illegally in the UK. Fines for employing illegal workers rose dramatically at the start of 2024. As a consequence employers are putting even more effort into verifying the identity of potential recruits, and checking out their backgrounds. Applicants without the right to work in the UK often go to great lengths to secure employment. They may also try to commit right to work fraud through recruiters and recruitment agencies.

While temporary recruiters or agencies aren’t legally required to perform Right to Work (RtW) checks, many choose to do so. This avoids causing problems for their clients who would be the ones fined if found to be employing illegal workers. Digital technology can help recruiters detect people who are not presenting genuine documents and this offers protection to recruiters and their clients. However, fraudsters continue to adapt to this new digital world and are always trying to stay one step ahead.

Understanding Digital Right to Work Checks

There are currently two different digital Right to Work checks for people applying for work in the UK.

• Digital checks for in-date UK and Irish passport holders
• Digital eVisa checks for non-UK/Irish nationals, using Home Office-issued share codes as proof of eligibility.

Spotting Fake Documents in Right to Work Checks

In the past year, forged UK and Irish passports accounted for 45% of all fake documents presented for RtW checks, a 6% increase from 2021. Over half of these were British documents. Irish documents were second, with Irish passport cards, which are easier to counterfeit, being the most common. Fraudsters with fake UK and Irish documents aim to pass identity checks to secure employment as British and Irish nationals need no other checks to verify their identities and right to work. All passports have built-in security features. The key to combatting fraud is knowing what these features are, and where to look for them.

Imposter Attacks and eVisa Fraud

EU ID cards and Biometric Residence Permits were removed from the RtW document list after Brexit changes. Fraudulent applicants increasingly use the eVisa scheme, and give an employer a Home Office-issued share code. Imposters acquire genuine share codes and attempt to pass themselves off as the rightful holders. They are often caught when their images are compared to those in the Home Office database, which is why employers require a selfie for validation during the share code check.

Physical Documentation Right to Work Checks

Not all RtW checks are digital. Fraudsters hope staff are not as trained in spotting fake documents as digital systems are. Given the diversity of global identity documents, recruiters cannot be expected to be experts in identifying fakes from every country. In a survey of recruiters and HR professionals, only a third felt very confident in identifying fake documents. Employers should either refer to the experts if unsure about a document, or ask for further documents to confirm someone’s identity.