Temporary right to work check measures to end Oct. 1

The Home Office’s temporary COVID-19 right to work check measures are set to expire this week.

Key Points:

• Beginning Oct. 1, employers will no longer be able to conduct right to work checks under the temporary COVID-19 policy. Instead, employers must conduct right to work checks using one of the following methods:
  • Conducting an in-person manual check using the foreign nationals’ original documents.
  • Conducting an online check using the Home Office’s online tool.
  • Conducting a check using an identity service provider that offers Identity Document Validation Technology.
• Employers do not need to conduct checks for existing employees from Switzerland, EU or European Economic Area (EEA) countries who came to the U.K. before July 1, 2021.
• Employers do not need to conduct another check for those who were checked with the temporary COVID-19 measures between March 30, 2020, and Sept. 30, 2022 (inclusive).

Additional Information: If the job applicant or existing worker cannot show their documents, employers must contact the Home Office Employer Checking Service. If the individual has a right to work, a “Positive Verification Notice” will be sent which provides a statutory excuse for six months from the date of the notice.

BAL Analysis: Employers and employees will no longer benefit from the modified right to work check measures. Employers and employees are reminded that it is an offense to work illegally in the U.K. Individuals who are working illegally because of their immigration status may be subject to enforcement action. Employers could face a civil penalties for employing an illegal worker and not conducting a correct right to work check.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@al.com.

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