Right to Work in the UK Checks
Are you checking?
The Government has announced that the temporary changes to the Right to Work Checks are now to remain in place until 5 April 2022.
You should still check that any new employees have the correct documents as shown in the governments right to work checks: an employer’s guide
So, from now until 5th April 2022 if you are carrying out a check under the temporary adjustments you should:
Ask the worker to submit a scanned copy or a photo of their original documents via email or using a mobile app.
Arrange a video call with the worker – ask them to hold up the original documents to the camera and check them against the digital copy of the documents, record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”.
If the worker has a current Biometric Residence Permit or Biometric Residence Card or has been granted status under the EU Settlement Scheme or the points-based immigration system you can use the online right to work checking service while doing a video call – the applicant must give you permission to view their details.
Or you can use the Home Office right to work online service. If you use this method correctly it gives you a defence against a civil penalty. You then don’t need to see or check the individual’s documents, as right to work information is provided in real time directly from Home Office systems.
You cannot however insist individuals use this service or discriminate against those who choose to use their documents to prove their right to work, so you must offer both methods to new employees.
The Government have said that you do not need to carry out retrospective checks on those employees who have had their documents or status checked between 30 Match 2020 and 5 April 2022. As long as you have done the checks inline with the Government advice you will maintain a civil defence should an issue transpire.
If the new employee or job seeker cannot show you their documents you MUST contact the Home Office Employer Checking Service who can verify their right to work by sending you a ‘Positive Verification Notice’ that lasts for 6 months from the date of the notice.
