27 August 2021

The Home Office has decided to defer the end of the temporary adjusted right to work check measures until 5 April 2022 (inclusive). The Home Office had previously stated that the adjusted measures would come to an end after 31 August 2021.

What are the temporary changes?
Under the adjusted measures, an employer is permitted to carry out a right to work check by verifying their employee’s right to work via video call with a copy of their right to work document (scanned or photocopied) rather than seeing the original.

Previously, an employer either had to use the online check (where available) or be in physical possession of the employee’s original right to work document at the time of verification.

Why has the Home Office deferred the end date?
The Home Office said it made the decision to defer the end of the adjusted measures because of positive feedback it received about the ability to carry out right to work checks remotely.

What is next?
Until 5 April 2022, employers can continue to carry out remote checks in line with the adjusted measures. Employers will not be expected to carry out retrospective checks on employees whose right to work was checked between 30 March 2020 and 5 April 2022 (inclusive). Provided the check was carried out in line with the temporary concession, employers will maintain a statutory excuse against liability for a penalty.

It remains to be seen whether a requirement to conduct physical document checks will ever be reinstated as the Home Office has said that it intends to introduce a new digital service to include workers who are not currently able to avail of the online checking service, including UK and Irish citizens.

Get in touch
For further information on recent and forthcoming changes to UK and US immigration law visit our website www.lauradevine.com or contact your assigned LDS lawyer or enquiries@lauradevine.com.