COVID-19: Temporary right to work check measures extended

IMPACT – HIGH

The Home Office has extended the temporary right to work check measures until April. 5, 2022.

Key Points:

• The temporary measures will remain in effect until April, 5, 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 emails or a 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 April 5, 2022, employers must:
  • Check the applicant’s original documents.
  • Check the applicant’s right to work online if he or she has provided a share code.
• Employers do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between March 30, 2020, and April 5, 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: 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.

The Home Office has indicated it is developing a post-pandemic solution such that all employees will be able to demonstrate a right to work online. This would mean, for example, that British and Irish citizens would not need to provide their original documents and may mean the end of all physical document checks.

BAL Analysis: The extension of the temporary measures will benefit those who have been conducting modified right to work checks since March of 2020. However, employers are reminded to take note of the April 5, 2022, date for when temporary measures are set to end. BAL will continue to monitor right to work check measures and will provide more information as it becomes available.

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

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