Right to Work Checks | Covid Adjustments Extended

In response to the Covid impact, employers have been able to carry out adjusted right to work checks since the 30th March 2020.

The Government have now announced that the ability to carry out adjusted checks, which are outlined below, will remain in place until 5th April 2022.

1. checks can currently be carried out over video calls
2. 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
3. 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 you 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.

Employers will not be required to carry out retrospective checks on those who had a COVID-19 adjusted check between 30 March 2020 and 5 April 2022 (inclusive).

An employer carrying out a temporary adjusted check, is directed by the Home Office to:

• ask the worker to submit a scanned copy or a photo of their original documents via email or using a mobile app
• 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 you can use the online right to work checking service while doing a video call – the applicant must give you permission to view their details.