Employers are required to check that all employees have the right to work in the UK. Normally this involves seeing original documents in the presence of the individual.
However, during the pandemic, temporary changes were made to allow checks to be done virtually using scanned copies of documents with verification completed over a video call. The Home Office have produced an online ‘Right To Work Checklist’ for this purpose. The Home Office has confirmed that these temporary changes will be extended again and continue until 5 April 2022.
Employers who have completed an adjusted check in line with the Home Office COVID-19 adjusted guidance, or who continue to do so until 5 April 2022, will NOT need to carry out a retrospective check, once the rules change on 6 April 2022.
Employers should update their recruitment and right to work check procedures to reflect this and ensure they always use the current ‘Right To Work Checklist’.
Alternatively, Employers can do an online check via the Home Office online right to work check portal and complete verification via a video call with the individual, but only for certain employees - those with a biometric residence permit or card, EU nationals granted status under the EU Settlement Scheme or those granted status under the points-based immigration system. This is NOT an option for employees with a British passport.
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