ARTICLE
31 August 2021

Right To Work Checks Rules Updated

EG
Envoy Global, Inc.

Contributor

Envoy Global, Inc. logo
Founded in 1998, Envoy is a global immigration services provider offering the only immigration management platform that makes it seamless for companies to hire and manage an international workforce. We combine expert legal representation and proprietary technology to bring efficiency and transparency to the immigration process for employers and employees.
Under the temporary changes that were instated on Mar. 30, 2020, employers have been able to carry out document checks through video calls and document scans instead of seeing original documents
United Kingdom Immigration

Key Points

  • Under the temporary changes that were instated on Mar. 30, 2020, employers have been able to carry out document checks through video calls and document scans instead of seeing original documents
  • Starting on Apr. 5, 2022, employers must check the employee's physical documents to verify right to work status. An online sharecode can also be used
  • If a prospective or existing employee is unable to provide necessary documents, employers can use the UK's Employer Checking Service
  • Starting Apr. 5, 2022, certain exceptions are available for some online right to work checks. For example, if an employee holds an online status under the EU Settlement Scheme or a Biometric Residence Permit and can provide a share code, physical document verification isn't required

Overview

In response to the COVID-19 pandemic the U.K. Home Office instituted a temporary change to the right to work procedures, which allowed the right to work checks to be carried out over video. The UK Home Office has announced on Apr. 5, 2022, video calls will no longer be allowed and standards will reset to pre-pandemic requirements. This date was previously June 20, 2021 but has since been updated to Apr. 5, 2022. Facing staff shortages in most industries, the decision to extend this deadline will allow employers to quickly and safely hire staff.

What are the Changes?

The rules for employers conducting right to work checks are reverting to pre-pandemic expectations. Please note that the U.K. Home office did announce that employers were going to have to perform retroactive right to work checks but they have since retracted this statement. The temporary date was updated from May 16, 2021 to June 20, 2021.

Looking Ahead

Employers should expect to have in-person right to work checks in the future and should implement the appropriate processes to do so.

Originally Published 27 August 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More