Right to Work Scheme COVID-19 Adjusted Checks Update

The adjustments to right to work checks, which were made due to COVID-19, will now continue until 30th September 2022.

This follows the government’s announcement enabling employers to use Identification Document Validation Technology (IDVT) to carry out digital checks on behalf of British and Irish citizens who hold a valid passport (or Irish passport card) from 6th April 2022.

Further information regarding IDVT is available on GOV.UK at: Digital identity certification for right to work, right to rent and criminal record checks.

Following the positive feedback, the Home Office have received, they have decided to defer the date for the resumption of physical document checks to 1st October 2022. This is to ensure employers have sufficient time to develop commercial relationships with identity service providers, make the necessary changes to the pre-employment checking process and carry out responsible on-boarding of their chosen provider.

Deferring the end date of the adjusted checks to 30th September 2022 ensures the Right to Work Scheme continues to operate in a manner which supports employers to implement long-term, post-pandemic working practices. It also provides opportunity for employers to put measures in places to enable face to face document checks if they do not wish to adopt digital checks for British and Irish citizens with a valid passport (or Irish passport card).

From 1st October 2022, employers must check the prescribed documents as set out in the Employer right to work checks supporting guidance.

Where applicable, employers can use the Home Office online right to work service. Checks using this service do not require the check of physical documents and can be carried out by video, as right to work information is provided in real time direct from Home Office systems.

Employers maintain a defence against a civil penalty if the check they have undertaken between 30th March and 30th September 2022 was done in the prescribed manner or as set out in the COVID-19 adjusted checks guidance. However, any individual identified with no lawful immigration status in the UK may be liable to enforcement action.

Further information can be found at COVID-19 adjusted right to work checks.

PAYadvice.UK 24/2/2022

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