Temporary Right to Work Check Measures Extended

• Relaxed process. The 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 June 21. Employers will need to either check the employee’s original documents; 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.
• European national employees. As a reminder, European Economic Area (EEA) or Swiss nationals whose start date of employment is July 1, 2021 or later will need to demonstrate their right to work through evidence of their immigration status using the online right to work checking system rather than their national passport or identification document.
• 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, 2021 and June 20, 2021 (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 as above and ensure that they review files to ensure adjusted checks were completed between March 30, 2020 and June 20, 2021.
• 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 programme.

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.

Access Fragomen’s dedicated page for COVID-19 updates for current information.

Employers must begin to assess and plan how they will manage compliant right to work checks once temporary measures cease to be acceptable.

Employers must also be mindful of the type of right to work documentation presented by EEA or Swiss nationals who will commence employment on or after July 1, 2021, even where the checks are completed ahead of this date.