United Kingdom: New Employment Checking Service Forthcoming, Temporary Right to Work Check Measures Cease
September 28, 2022
From October 1, 2022 until April 1, 2023, employers can use a new Employer Checking Service for foreign workers in cases where there are issues in using the standard online right to work check tool or where original documents cannot be presented. This can be in circumstances where a potential employee has a pending visa application or appeal; for those awaiting required documentation for an online right to work check; or those without documents because they arrived before 1989. Additionally, as a reminder, right to work checks by video call without holding hardcopy documents will become unavailable from October 1, 2022. This only affects British and Irish citizens and those on time-limited immigration permissions; for other foreign workers, online right to work checks became mandatory from April 6, 2022. From October 1, 2022, right to work checks for British and Irish citizens and those on time-limited permission can be completed via Digital Identity Document Validation Technology (“IDVT”) via the services of an identity service provider (“IDSP”), or as a hardcopy check. For IDSP checks, employers are still required to check that the IDSP has carried out an identity check on the employee that has presented themselves to the employer either in person or in a video call, and to retain copies of the check.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
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