The UK Home Office has announced that the temporary COVID-19 adjusted right-to-work checks have been extended to 5 April 2022 following the positive feedback on remote checks.
All employers are required to complete a right-to-work check on or prior to any employee’s start date. From 30 March 2020, the Home Office has made changes to the right-to-work checks for employers, and these measures will now continue until 5 April 2022.
The temporary changes allow employers to conduct right-to-work checks by video calls. Employees are then able to send scanned copies or photos of their documents via email or through a mobile application. Once the documents have been uploaded, employers are able to conduct the right-to-work video call. During the video call the individual is required to hold up the original documents to the camera and the employer will check them against the uploaded documents. Following the video calls, employers must sign, date, and mark the document with “adjusted check undertaken on [insert date] due to COVID-19.”
If the individual has a current Biometric Residence Permit or status under the EU Settlement Scheme, the employer can use the online right to work checking system and subsequently validate their identity on a video call.
In the case where an individual is unable to present their documents, employers should use the Home Office Checking Service.
Additionally, the Home Office has confirmed that COVID-19 adjusted checks will not require any further retrospective checks.
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If you have any questions or would like more information on the guidance discussed in this alert, please contact any of the following Morgan Lewis lawyers:
London
Jennifer Connolly
Yvette Allen
Washington, DC
Shannon A. Donnelly