As of last month, The Home Office updated the right to work guidance. The key changes are as following:
As of right now to the 5th of April 2022, employers have the option to conduct a right to work check of Biometric Residence Permit (BRP), Biometric Residence Card (BRC) and Frontier worker Permit holders by using the Home Office online service. Their physical or scanned documents can be used as evidence for their right to work in the UK. However, when it reaches the 6th of April 2022, Employers will not be able to conduct a physical right to work check on anyone who is in possession of any single one of those documents.
You should bear in mind that retrospective checks are not required if employers took a right to work check in line with the guidance in place leading up to the 5th of April 2022, regardless of whether those checks were from physical documents or online.
Identity Document Validation Technology in the Right to Work Scheme
The Home Office has announced the introduction of Identification Document Validation Technology (IDVT) which will come into force as of the 6th of April 2022 to coincide with the changes mentioned. Because of this The Home Office is now enabling employers to make use of IDVT service providers to perform digital identity checks on their behalf. This is on its way to becoming one of the most popular employment law services with the consideration that there are many businesses who are not supported by or do not have access to The Home Office’s online services (including British & Irish Citizens). Employers who utilise IDVT service Providers become a “relying party” in this relationship.
Temporary COVID 19 Adjusted Right to work checks
It should be noted that COVID adjusted right to work checks should be carried out in the following way:
- Job Applicants and Existing Workers can send scanned Documents or a photo of documents for right to work checks using Email or mobile apps rather than sending original.
- Employers should use the home office checking Service if a prospective or current employee cannot provide any of the accepted documents.
Until the 5th of April, employers are required to:
- Arrange a video call with the worker and ask them to hold up the original documents to the camera and check them against the digital copy of the documents, record the date you made the check and mark it as “Adjusted check undertaken on *Insert Date* due to Covid 19.
- Ask Prospective or current employees to submit a scanned copy or a photo of their original documents.
- If a worker is in possession of a BRP or BRC, you can use the online right to work checking service while on a video call provided the applicant gave you permission.
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