Right to work check measures extended

IMPACT – HIGH

The Home Office has extended temporary COVID-19 right to work check measures until Sept. 30, 2022.

Key Points:

• The temporary measures will remain in effect until Sept, 30, 2022. This means:
  • Checks can be conducted over video calls.
  • Job applicants and existing workers can send scanned documents or photos of documents for checks through email or mobile app. Original documents are not required.
  • Employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
• After Sept. 30, 2022, employers must check the applicant’s original documents or check the applicant’s right to work online.
• Employers do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between March 30, 2020, and Sept. 30, 2022 (inclusive).
• It is still an offense to work illegally in the U.K.; any individual who is working illegally because of their immigration status may be subject to enforcement action.

Additional Information: From April 6, if a person holds a biometric residence permit, the employer must perform an online check, not an original document check or a COVID-19 adjusted check.

BAL Analysis: The extension of the temporary measures will benefit those who have been conducting modified right to work checks since March of 2020. In particular, employers who are hesitant to use the new digital Identification Document Validation Technology (IDVT) checking process for British and Irish citizens due to launch on April 6, now have a longer period in which they do not have to perform an original document check. However, employers should take note that the temporary measures are set to end Sept. 30.

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

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