• Insights

The End of COVID-19 Adjusted Right to Work Checks: What Next?

October 6, 2022

Country / Territory

  • United KingdomUnited Kingdom

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Evan Tutton

As we look ahead to post-pandemic life, changes have been made to the adjusted measures of the UK right to work (RTW) check process as of 1 October 2022. Introduced in response to COVID-19 in March 2020 and colloquially referred to as ‘COVID Concessions,’ these adjustments ended on 30 September 2022.

While process digitisation has long been a priority of UK Visas & Immigration (UKVI), the realities of undertaking in-person RTW checks during a global pandemic required a method which did not – then – exist. Since COVID Concessions were introduced, the UKVI has accelerated its transition to all things digital and expanded use of the online RTW check service and issuance of eVisas, and new digital check methods for British and Irish nationals have been introduced. Combined with the shift towards post-pandemic planning in the UK, employers should now be able to conduct RTW checks using one of the remaining available methods regardless of business model or nationality of employee.

The sun sets on COVID Concessions

COVID Concessions were a practical and temporary relaxation of the UK RTW check process in response to the pandemic, which made it unsafe to conduct checks in person. The concessions allowed employers to receive scans or photos of original RTW documents and verify them via video call. Initially, these concessions applied to all visa holders as well as British and Irish citizens.

From 6 April 2022, COVID Concessions no longer applied to individuals eligible to use the online RTW checking service. With the complete removal of the concession on 1 October 2022, where the online RTW check service is not an option, employers are now required to conduct a manual RTW check, reverting back to the pre-COVID Concession method of being in receipt of the original RTW document. Despite this shift back to what some may say is an archaic method of RTW check, employers continue to have the option to meet with employees either in person or virtually.

The trifecta of checks

As of 1 October 2022, there are three ways in which an employer can conduct a valid RTW check. Regardless of method, the employer will still need to carry out a ‘likeness check,’ either in person or virtually, before the individual can begin to work.

  1. Online RTW check. The online RTW service allows eligible individuals to view their RTW status and share this with their current or prospective employer via a share code. This includes those holding a current Biometric Residence Permit (BRP), Biometric Residence Card (BRC), Frontier Worker Permit (FWP) or an eVisa. Whilst the service was introduced in 2018, since 6 April 2022 this is now the only acceptable method for checking these individuals’ RTW.
  2. Manual check. Employees who do not hold a BRP, BRC, FWP or eVisa must have their original RTW documents checked manually. This includes British and Irish nationals, as well as those who hold other types of time-limited permission, such as an entry vignette. The document must be one featured on List A or List B of the UKVI’s Right to Work Checklist in order to be a valid check. In this instance, whilst the manual check may be conducted virtually, the checker must see the original documents creating the obvious issue of sending ID documentation.
  3. Using an IDSP. In the RTW guidance published January 2022, the UKVI introduced Identity Service Providers (IDSPs), using Digital Identity Document Validation Technology (IDVT), onto the RTW check scene. IDSPs use a digital process to check the identity and RTW of British and Irish citizens who hold a valid passport. Using an IDSP is not mandatory and is entirely optional.

Where businesses decide to engage an IDSP, the UKVI recommends using a certified provider in order to establish a statutory excuse, and at minimum only accepting checks that satisfy at least a medium level of confidence. While IDSPs can digitise the document verification process, it is still the employer’s responsibility to conduct a ‘likeness check’ before the individual starts work (but in this instance, would not need to see the original document and can rely on copies).

Fragomen’s own forthcoming RTW Check Tool will integrate IDVT within our existing processes. We have partnered closely with a leading identity verification provider to design a bespoke tool that can help remove the administrative burden placed on employers.

It is important to note that the above only applies to checks carried out from 1 October 2022 and that retrospective checks are not required for existing employees where a valid RTW check or COVID Concession RTW check was undertaken.

Employer Checking Service

What is the process when all other methods fail, the individual needs to begin working, but a compliant RTW check cannot be carried out? This can arise in a number of situations:

  • An employee has a pending immigration application;
  • A new hire has not received their BRP, or it contains an error and requires a replacement; and/or
  • The online RTW check service displays a consistent error.

These are all situations where the Employer Checking Service (ECS) should be used. The ECS team will check UKVI databases to produce either a Positive Verification Notice (PVN) or a Negative Verification Notice (NVN). This can take one to two weeks as it is a manual process once the online form is submitted. Only the PVN will provide a statutory excuse, lasting six months. 

The importance of getting it right

All UK employers must complete a valid RTW check on new hires before allowing them to begin working. If illegal working is identified by the UKVI and there is no statutory excuse in place, it places an employer at risk of financial penalties and in serious cases possible criminal liability, as well as the loss of a UK sponsor licence.

Given the extensive changes in the RTW landscape, employers should review internal processes and ensure staff members are given regular training to ensure up-to-date and consistent methods are followed throughout the business.

Need to know more?

If you need a review of your RTW check processes or are interested in learning more about the Fragomen RTW Check Tool, please contact Fragomen’s dedicated Compliance and Audit team at [email protected].

For further information, please contact Associate Evan Tutton at [email protected] or Senior Associate Victoria Welsh at [email protected]. This blog was published on 6 October 2022, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, twitter, Facebook and Instagram.

Country / Territory

  • United KingdomUnited Kingdom

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Video

Less Than Two Weeks: FIFA World Cup 2026 Countdown | #MobilityMinute

With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Media mentions

Global Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities

Senior Manager Samantha Arnold examines the remaining opportunities under Ireland’s winding-down Immigrant Investor Programme and what they mean for eligible investors and their families.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI Compliance Metrics for Universities Take Effect Today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Video

Less Than Two Weeks: FIFA World Cup 2026 Countdown | #MobilityMinute

With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 4, 2026 | IrelandGlobal Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities
June 4, 2026 | 🌐Minimum Salary Changes Announced
June 3, 2026 | United StatesBloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers
June 3, 2026 | CanadaCanada: Ontario Advances Overhaul of Provincial Nominee Program
June 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 4, 2026 | IrelandGlobal Mobility Lawyer: An Irish Goodbye: Closure of the Immigrant Investor Pathway and Its Remaining Opportunities
June 4, 2026 | 🌐Minimum Salary Changes Announced
June 3, 2026 | United StatesBloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers
June 3, 2026 | CanadaCanada: Ontario Advances Overhaul of Provincial Nominee Program
June 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.