Home Office U-turn on Coronavirus Right to Work ChecksPosted in : Immigration and Employment Updates on 12 May 2021 Issues covered: Immigration and Employment; Right to Work checks
The Home Office have published a further update on right to work checks on 12 May 2021 making a complete U-turn in expecting employers to obtain physical documents such as a passport and/or BRP card to be sent for right to work checks for new hires.
Updated advice for employers carrying out right to work checks during the coronavirus (COVID-19) pandemic
The following temporary changes were made on 30 March 2020 and will now remain in place until 20 June 2021 (inclusive):
- Right to work checks can be carried out over video calls
- Job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
- Employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents
Checking an individual’s right to work using the temporary COVID-19 adjusted check measures
Up to and including 20 June 2021, if you are carrying out a temporary adjusted check, you must:
- 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.
Opposition to the introduction of physical right to work checks has paid off with the Home Office delaying this requirement to at least after 20 June 2021. For many employers who will have made arrangements to get their HR teams and others safely into the office to conduct in-person (if socially distanced) right to work checks this will no longer be required.
More Immigration and Employment Updates
- Time is ticking on the EU Settlement Scheme Deadline
- The impact of EU-UK Trade and Cooperation Agreement on UK Nationals entering the EU For Employment Purposes
- Brexit and Immigration Update: Frontier Workers Permit Scheme Launched
- Immigration Act Receives Royal Assent: Free Movement To End On 31 December 2020
- The New Immigration System: Essentials for HR
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.