United Kingdom COVID-19 Right to Work Check Concessions Extended until April 5, 2022

The Home Office has announced an extension of the temporary adjustments which allow right to work checks to be completed with copies of documents via video conference due to COVID-19. The COVID adjusted right to work checks have now been extended until April 5, 2022 (inclusive).  Up until and including April 5, 2022 employers are still allowed to carry out the adjusted checks using a scanned copy or the photo of their original documents via email or mobile phone. After the video call with the worker to confirm their identity matches the photo on the document, the employers must remember to mark the record of the completed check as “adjusted check undertaken on [insert date] due to COVID-19”. The previously announced date of August 31, 2021 for the end of the adjusted right to work checks will no longer apply.

In addition to this announcement, the Home Office also confirmed that they have initiated a review of the availability of specialist technology to support a system of digital right to work checks in the future. The intention is to introduce a new digital solution which will also include many who are unable to use the Home Office online checking service, including UK and Irish citizens. This would enable checks to continue to be conducted remotely but with enhanced security, which is a great news for the employers who will continue with remote working.

Based on the current guidelines, starting April 6, 2022 employers must:

• check the applicant’s original documents, or
• check the applicant’s right to work online.

Right to work checks done via video call will no longer be acceptable for compliance purposes. If the person cannot use the online right to work process, they will need to either bring the original documents in person, or send them by secured delivery followed by an online video identity check. The online right to work check system may be completed when an employee provides access to their UK immigration documents (BRP, EU settled status, or EU passport).

We recommend to review and follow all Home Office guidance regarding right to work checks on an ongoing basis to ensure full compliance (see here).