Digital right to work checks extended to 2022

Temporary adjustments to the right to work check process were brought in on 30 March 2020, allowing checks to be carried out remotely through digital means, rather than seeing physical documents.

It has been announced that this digital process has now been extended to 5 April 2022, after the government received positive feedback on the adjustments.

The government has said “Deferring the end date of the adjusted checks to 5 April 2022 ensures the Right to Work Scheme continues to operate in a manner which supports employers, whilst we look to implement a long-term, post-pandemic solution”.

Under the adjusted process, the employer should:

• ask the employee to submit a scanned copy or a photo of their original documents via email or using a mobile app.
• arrange a video call with the employee, ask them to hold up the original documents to the camera and check them against the digital copy of the documents. They should then record the date they made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”.
• if the employee has a current Biometric Residence Permit or Biometric Residence Card, or has been granted status under the EU Settlement Scheme or the new points-based immigration system, they can use the Home Office online service while doing a video call.

If you have any questions

If you have any questions about this extension and how it will affect you, or about your obligations as an employer regarding right to work checks, please contact our HR and Employment Law experts 24/7 on 0345 844 4848.