On 27 December 2021, the Government announced its intention to enable employers and landlords to use certified digital identity service providers (IDSPs) to carry out identity checks on their behalf for many who are not in scope to use the Home Office online services, including British and Irish citizens. The legislation will take effect from 6 April 2022.

This development will align with the Disclosure and Barring Service’s (DBS) proposal to enable digital identity checking within their criminal record checking process, through the introduction of its Identity Trust Scheme.

The guidance sets how providers can become certified to complete digital identity checks for the Right to Work, Right to Rent, and DBS schemes respectively, in line with the UK Digital Identity and Attributes Trust Framework.

Under the Trust Framework legislation, employers and landlords will be able to work with IDSPs to utilise Identification Document Validation Technology (IDVT) to carry out digital identity checks on behalf of British and Irish citizens who hold a valid passport (including Irish passport cards). The Government says that this will accelerate the recruitment process, improve employee mobility and enhance the security and integrity of the checks.

Whilst it will not be mandatory for employers and landlords to use a certified IDSP for the purposes of right to work and right to rent checks, the Home Office recommends that they do, as it will provide assurance that the chosen IDSP meets relevant scheme guidance and the standards set out in the Trust Framework.

To become certified, IDSPs must meet the criteria in the current version of the Trust Framework. Depending on the scheme(s) they want to join, they must also meet the requirements for the Right to Work and Right to Rent schemes and/or DBS scheme.

The guidance provides a step-by-step process for how providers can become certified. To access the guidance and the current version of the Trust Framework, click here.