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Further update on Right to Work Checks announced – action required

The Home Office have made a further announcement on how employers conduct a compliant Right to Work Check. 

The Covid concession allowing remote “adjusted” checks has been extended until 30 September 2022 for certain individuals.  As a reminder, this concession allows employers to undertake checks remotely via video call where the individual provides a scanned copy of their document.

This news follows another recent announcement in which it was confirmed that from 6 April 2022, employers could no longer rely on biometric visa documents and must use the UKVI’s online system to check a foreign national’s right to work in the UK.  This deadline is not being extended.

The changes are summarised below:

—  Individuals with biometric status documents – Remote “adjusted” checks remain in place until 5 April 2022.  From 6 April 2022 only online checks using a share code will meet the rules. This check must be conducted face to face (either in person or via video call)

—  British & Irish nationals – remote “adjusted” checks continue until 30 September 2022.  From 1 October 2022, employers must either see the original document or conduct the check via a certified Identification Document Validation Technology (IDVT). Employers may choose to use certified IDVTs from 6 April 2022 onwards should they so choose.

What still needs clarifying?   
It is still not clear what approach needs to be taken in relation to individuals with non-biometric visas, for example, entry vignettes attached to a passport page.  Given these individuals may not be able to produce a share code for an online check, it is possible that they will be eligible for a remote “adjusted” check with a follow-on check once their share code becomes available.

What action should you be taking now? 
The final approach you adopt will be very much dependent on your circumstances.  However, some of the key actions to consider are:

—  Review existing policies and processes: What do your current processes look like?  What needs to change? Who is responsible for this?

—  Update communications: The information provided to employees being checked is likely to need changing to provide clarity and reduce the need for repeat checks

—  Training: Those undertaking the checks will need to be familiar with the new rules and how to make sure they do the right type of check

—  Centralisation: Analyse the potential to implement efficiencies and cost savings by centralising processes – can these be undertaken by a single back-office function?

—  IDVTs: Do the potential savings from centralisation justify investment in an IDVT?

By investing time to examine the impacts now, you will be well placed to avoid disruption or costly mistakes when the changes come into effect. 

This update is for general purposes and guidance only and does not constitute legal or professional advice. You should seek legal advice before relying on its content. This update relates to the prevailing circumstances at the date of its original publication and may not have been updated to reflect subsequent developments. If you have general queries about our updates, please email: mailinglists@greenwoods.co.uk




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      By completing and submitting this form, you consent to Greenwoods Legal LLP processing your personal data to provide you with the email update services you have selected and any other materials and information about our services that Greenwoods Legal LLP reasonably believes will be of interest to you. You are free to withdraw your consent at any time by emailing mailinglists@greenwoods.co.uk