United Kingdom: Temporary Right to Work Check Measures Extended

• Temporary relaxed process. The current temporary right to work check process involves the worker submitting a scanned copy or a photo of their original documents via email to the employer. The employer can then conduct a video call with the worker during which they would hold up the original documents to the camera and check them against the digital copy of the documents. Employers must ensure to record the date the check was made and mark the copy to say “adjusted check undertaken on [insert date] due to COVID-19”.
• Biometric Residence Card holders. If the worker has a current Biometric Residence Permit or Biometric Residence Card, status under the EU Settlement Scheme or digital status under the new points-based immigration system, the employer can use the online right to work checking system and validate their identity on a video call - the employee must provide the employer access to view their details on the system.
• Process from April 6, 2022. It is understood that employers will need to either check the employee’s original documents, use this new digital solution or use the online right to work checking system - once the employee has provided the employer access to view their details on the system. The checks must be completed in the presence of the employee, either in person or via video call. The Home Office will release new guidance ahead of April 6, 2022.
• Retrospective checks not required. As a reminder, the Home Office has confirmed that retrospective checks do not need to be conducted where a compliant COVID-19 adjusted check was carried out between March 30, 2020 and April 5, 2022 (inclusive). Employers will continue to have a defence against civil penalty if the checks completed during this time were in line with the COVID-19 adjusted guidance.

• Be prepared for regular right to work checks. Employers should review internal processes to ensure that they are in a position to resume checks at the relevant time and ensure that they review files to ensure compliant adjusted checks are completed between March 30, 2020 and April 5, 2022.
• Contact Fragomen. Our dedicated Compliance & Audit team is also on hand to discuss, review and assist with changes to a company’s sponsorship and compliance program.

Right to work checks are a mandatory part of the employee hiring process in the United Kingdom. Employers must continue to check the prescribed documents set out in the Home Office’s employer guide. It remains an offence to knowingly employ a foreign national without the right to work in the United Kingdom.

The Home Office has confirmed it is looking into digital solutions that will allow for continued remote right to work checks to be completed for any employee after April 5, 2022. Fragomen will provide further detail as this is released.