UK Home Office Extends Right to Work Adjusted Checks

The UK Home Office has extended the end date for the temporary adjusted right-to-work checks to September 30, 2022. This update replaces previous guidance issued on August 26, 2021.

The government will allow employers to use Identification Document Validation Technology (IDVT) to carry out digital checks on British and Irish citizens who hold valid passports from April 6, 2022. The adjusted check extension to September 30 allows employers to make the necessary changes to their pre-employment checking processes, whether they are digital or in-person document checks.

Government Guidance for Employers

From March 30, 2022, to September 30, 2022:

  • Checks can be carried out over video calls.
  • Job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app rather than sending originals.
  • Employers should use the Home Office Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.

Employers must:

  • Ask the worker 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 worker – ask them to hold up the original documents to the camera and check them against the digital copy of the documents, record the date of the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19.”
  • If the worker has a current Biometric Residence Permit or Biometric Residence Card or has been granted status under the EU Settlement Scheme or the points-based immigration system, an employer can use the online right to work checking service while doing a video call – the applicant must give permission to view their details.
  • From April 6, 2022, all biometric cardholders will evidence their right to work using the Home Office online service only.

Employers cannot insist individuals use the digital service or discriminate against those who choose to use their documents to prove their right to work.

Employers do not need 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 EIG attorney.