UK | Adjusted RTW Checks End on September 30

The adjusted RTW checks that were in place during COVID will end on September 30, 2022. From October 1, 2022, employers must carry out one of the prescribed checks as set out in the Right to work checks: An Employer’s Guide before employment commences.

This includes:

1. Manual right to work check – in person with original documents.
2. IDSP right to work check for British & Irish citizens if they are working remotely.
   1. It is not mandatory for employers to use a certified IDSP for the purposes of right to work checks, as the Manual right to work check remains a viable option.
   2. If employers are using an IDSP, they should notify and get permission from the passport holder.
   3. A list of certified IDSPs is available here.
3. Digital online Right to Work check using the share code – BRP cardholders
4. Employers checking service for people unable to provide documents as they have ongoing applications/appeals etc.

Checks using the Home Office online checking service do not require the employer to check physical documents and can be carried out by video call, as right to work information is provided in real-time direct from Home Office systems.

There is no requirement to carry out retrospective checks on those who had a COVID-19 adjusted check between March 30, 2020, and September 30, 2022.

Erickson Insights

Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.