18 March 2020

The outbreak of COVID-19 and increasing self-isolation measures of the public have created unprecedented issues regarding right to work checks, the collection of Biometric Residence Permits (BRPs) from alternative collection locations and the processing of applications at Visa Application Centres across the world.

Right to work checks
Employers in the UK must undertake right to work checks in a prescribed manner before an employee commences employment to be able to establish a statutory defence against a civil penalty for illegal working. For Tier 2 sponsors, undertaking such checks is also a fundamental part of their duties and obligations.

In certain circumstances, the Home Office’s online right to work check system can be relied upon instead of a manual check requiring sight of original right to work documents. This online check is only available for those who hold a BRP, biometric residence card or status issued under the EU Settlement Scheme (EUSS). This means that British nationals, EU nationals (without leave under the EUSS) and those who wish to rely on immigration permission issued by way of entry clearance in their passport before having received their BRP, will not be able to use an online right to work check.

Unfortunately, following the outbreak of COVID-19 and consequent self-isolation and social distancing measures, some employers may be unable to comply with the manual right to work check process. As employees are increasingly unable to attend the workplace and postal services may be delayed or difficult to arrange, some prospective employees are unable to provide employers with the original documents before they commence work to enable a compliant right to work to be taken.

Please be assured that we are seeking advice from the Home Office to obtain clarity as to how employers should best tackle this issue. Please contact one of our lawyers who can advise further on the relevant considerations for your business should you be affected by this.

Alternative Collection Locations (ACLs)
A similar issue arises regarding ACLs, as an ACL is normally required to conduct face to face verification of an individual’s presence in the UK prior to issuing a BRP. Such verification measures may however be conducted via Skype or other visual communication system, thereby avoiding the need for an in-person meeting. The ACL must be satisfied that the individual has entered the UK and is within the UK at the time verification takes place also ensuring that the individual entered the UK during the validity of their travel vignette. An individual may present, for example, a boarding pass, travel ticket or passport stamp to satisfy these requirements.

LDI’s office remains open and shall do so as long as the government allows. During this time, we are offering online visual verification and then delivery of BRPs via courier to migrants to avoid the need for attendance at our office.

Visa Application Centres (VACs)
The outbreak of COVID-19 has led to the reduced service or temporary closure of many VACs across the world which is having a significant impact on migrants and businesses in the UK. We are closely monitoring this situation for our clients and reviewing all affected matters we are aware of. We urge businesses to identify any urgent applications which may need to be made and contact your designated lawyer to discuss how we can expedite such applications and/or make exceptional representations to the Home Office should it merit it.

The latest status regarding the UK no longer accepting applications submitted in certain locations and access to VACs is set out in the table below. Please note that this table is subject to daily change and further information can be found at https://www.vfsglobal.com/en/individuals/covid-19-customer-advisories.html and https://uk.tlscontact.com/.

LDI is committed to supporting its clients through this extraordinary time and will work tirelessly to mitigate the impact to clients and influence the Home Office’s approach as to how it will need to review the UK immigration system to recognise the unparalleled position businesses and migrants shall now be in.

If you have any queries relating to the points raised above, or any other UK or US immigration query, please contact a member of the team at LDI or email enquiries@lauradevine.com.