The Home Office announced the extension of Temporary Right To Work check processes from 20th June to 31st August 2021. This will come as welcome news for HR Teams and those who conduct right to work checks and who may not have returned to a physical office themselves.
Employers may continue accepting a scanned copy or a photo of their original documents via email. This must be followed on with a video call where the employee will be required to show the same document to the employer. As the employer, you will be required to :
- check this carefully and ensure that they match the individual.
- record the date the check was made, and add the statement “adjusted check undertaken on [insert date] due to COVID-19”.
- follow up with a physical check of the employee’s original documents from 1st September 2021.
Employees are encouraged to provide employers access to the Home Office’s online right to work checking system. This allows employers to check data with the employee present.
For EU nationals
If employees hold a current Biometric Residence Permit (BRP) or Status under the EU Settlement Scheme, the employer can use the online right to work checking system with the EU employee present as they will need to provide access to view their details on the system. This includes digital confirmation under the new points-based immigration system.
From 1st July 2021, all European Economic Area (EEA) nationals must prove that they have the legal right to work in the UK. They should provide evidence that they have a valid right to work in the UK, either by holding a BRP or that they have registered on the EU Settlement Scheme and have obtained either Settled Status or Pre-Settled.
With the deadline to register on the EUSS coming to an end in a matter of days, we highly recommend that – as an employer – you communicate with your EU employees to remind them to register as this gives them the legal right to live and work in the UK. You should also be prepared to ask your EU workers to provide proof of their registration to confirm their status after 1st July 2021. Without this, they will be considered illegal workers, and this will put you in breach of the immigration rules.
Contact us if you require any further information, guidance or advice on Right To Work checks and Compliance during the pandemic.