POSTPONED:Changes To Right To Work Checks
Updated: May 12, 2021
We recently updated you on the Government's decision to bring back face to face RTW checks from 17 May 2021. This date has now changed, as the Home Office confirmed that the requirement to return to physical checks will be postponed until 21 June 2021.
That means that the temporary adjustment to the process for checking an individual’s right to work documents will continue until this date. This allows documents to be checked remotely by scanned copy or photograph, via email or using a mobile app. From 21 June 2021, employers will no longer be able to use this adjusted process and will instead need to resume performing standard checks of the individual’s original documents or use the Home Office online checking tool. Will employers need to perform retrospective checks? No. Where an employer performed right to work checks under the Covid-19 adjusted checking period (30 March 2020 – 20 June 2021) the Home Office confirmed the employer will not need to carry out full right to work checks retrospectively. What about workers with time limited right to work? If an individual’s right to work is time limited, any further checks needed after 21 June 2021 must be conducted using original documentation in line with the usual process. Can I continue using the adjusted checking method? Yes, until 20 June 2021. Then, from 21 June 2021, the usual checking process will resume. What is the Home Office online checking service? This online service allows employers to perform right to work checks for workers who have been granted UK immigration status under the EU settlement scheme, points based immigration system or who hold a biometric residence permit or residence card. The system can only be used with the employee’s prior permission. Can employers check documents via live video link? Checks should be conducted in the presence of the individual. If the individual cannot attend in person, they can post the original documents to the employer who should then check the physical documents with the employee present via live video link. It is not permitted for the individual to hold the originals in their possession if conducting a check using this method. For full government guidance on right to work checks, follow this link: https://www.gov.uk/check-job-applicant-right-to-work
Contact us with your questions or for more information on these changes