Right To Work Checks Rules Updated

Publication Date04 May 2021
SubjectEmployment and HR, Immigration, Coronavirus (COVID-19), Employee Rights/ Labour Relations, General Immigration, Employment and Workforce Wellbeing, Operational Impacts and Strategy
Law FirmEnvoy Global, Inc.
AuthorEnvoy Global, Inc.

Overview

In response to the COVID-19 pandemic, the U.K. Home Office instituted a temporary change to the right to work procedures, which allowed the checks to be carried out over video. The U.K. Home Office has announced that starting on May 16, 2021 video calls will no longer be allowed and standards will set to pre-pandemic.

Key Points

  • Under the temporary changes that were instated on March 30, 2020, employers have been able to carry out document checks through video calls and document scans instead of seeing original documents.
  • Starting May 17, 2021, employers must check the employee's physical documents to verify right to work status. An online sharecode can also be used.
  • If a prospective or existing employee is unable to provide necessary documents, employers can use the U.K.'s Employer Checking Service.
  • After May 17, 2021, certain exceptions are available for some online right to work checks For example, if an employee holds an online status under the EU Settlement Scheme or a Biometric Residence Permit and can provide a share code, physical document verification isn't required.

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