United Kingdom: Update to right to work scheme COVID-19 adjusted checks

03 Sept 2021    2 minute read
COVID-19 EC Featured Content RRR Featured

In brief

Following our earlier bulletin in June, the Home Office has announced that it will be extending the adjusted right to work and rent checks to 5 April 2022. As communicated previously by the Home Office, it is not necessary to carry out retrospective checks on those who had a COVID-19 adjusted right to work checks between 30 March 2020 and 5 April 2022 (inclusive). New guidance will be issued ahead of 6 April 2022.

Contents

  1. Employers carrying out right to work checks during coronavirus (COVID-19) adjusted measures
  2. Checking an individual’s right to work using the temporary COVID-19 adjusted check measures
  3. Related links

Employers carrying out right to work checks during coronavirus (COVID-19) adjusted measures

A reminder that the following temporary changes will remain in place until 5 April 2022:

  • Checks can currently be carried out over video calls
  • Job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
  • Employers should use the Home Office Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents

Checks continue to be necessary and employers must continue to check the prescribed documents set out in right to work checks: an employer’s guide or use the Home Office right to work online service. It remains an offence to knowingly employ anyone who does not have the right to work in the UK.

Checking an individual’s right to work using the temporary COVID-19 adjusted check measures

Up to and including 5 April 2022, if employers are carrying out a temporary adjusted check, the following rules apply:

  • They must ask the worker to submit a scanned copy or a photo of their original documents via email or using a mobile app
  • They must arrange a video call with the worker – ask them to hold up the original documents to the camera and check them against the digital copy of the documents, record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”
  • If the worker has a current Biometric Residence Permit or Biometric Residence Card or has been granted status under the EU Settlement Scheme or the points-based immigration system, employers can use the online right to work checking service while doing a video call – the applicant must give you permission to view their details.

Related links

See link to earlier bulletin

Right to work checks: an employer’s guide

Home Office Employer Checking Service 

Prove your right to work to an employer

Further details regarding these changes can be obtained by reaching out to your usual contact in our Global immigration & Mobility team.  
 

Contact Information
Tony Haque
Associate
London
tony.haque@bakermckenzie.com
Richard Mills
Associate
London
richard.mills@bakermckenzie.com
Ying Fong Li
Immigration Specialist
London
ying.li@bakermckenzie.com
Wendy Mortimer
Immigration Specialist
London
wendy.mortimer@bakermckenzie.com
Natasha Riley
Immigration Specialist
London
natasha.riley@bakermckenzie.com
Tomoko Sasaki
Immigration Specialist
London
tomoko.sasaki@bakermckenzie.com

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