United Kingdom: Temporary Right to Work Check Measures Extended

• Affected individuals. The change only impacts individuals unable to use the Home Office online right to work check services. Effective April 6, 2022, the updated right to work check process will take effect as anticipated for individuals holding a current Biometric Residence Permit (BRP), Biometric Residence Card (BRC), status under the EU Settlement Scheme (EUSS), Frontier Worker Permit (FWP) or an eVisa. The extended temporary process affects individuals with another status, including UK and Irish nationals.
• 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 a video 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”.
• Process from October 1, 2022. Where the online right to work check system is not available, it is expected that employers will need to conduct right to work checks by checking the employee’s original documents where either they are British or Irish and do not have a valid passport, or for other nationals where their immigration document remains in paper format. All checks must be completed in the presence of the employee, either in person or via a video call. Updated guidance for employers to use is expected to be published ahead of September 30, 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 temporary adjusted check was carried out between March 30, 2020 and September 30, 2022 (inclusive). Employers will continue to have a defence against a 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 compliant adjusted checks were completed between March 30, 2020 and September 30, 2022.
• Incorporate online right to work checks. If not already part of internal processes, employers should understand the Home Office’s online right to work check system and update internal policies and processes to ensure they are ready for April 6, 2022.
• Consider Identification Document Validation Technology (IDVT) for British and Irish national employees. When further guidance and a list of Identity Service Providers (IDSPs) is published by the Home Office, employers should consider whether they wish to use the services offered for electronic right to work checks for British and Irish national employees with valid passports. The government has confirmed this will be optional and manual checks for these employees will continue to be permitted.
• Provide staff refresher training. Employers should ensure all staff who conduct right to work checks are familiar with the Home Office’s online right to work checking service and how such checks are conducted, including the records which must be retained. If employers decide to use IDSPs, include this in the refresher training.
• 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. 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.
• Forthcoming online checking process. Effective April 6, 2022, employers of individuals holding a current Biometric Residence Permit (BRP), Biometric Residence Card (BRC), status under the EU Settlement Scheme (EUSS), Frontier Worker Permit (FWP) or an eVisa will be required to use the online right to work checking system and validate the individual’s identity on a video call or in person - the employee must provide the employer access to view their details on the system.

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. Noncompliance can lead to civil penalties, among other sanctions.