This article was originally published on December 16, 2022, and was updated on February 23, 2022, February 1, 2022, and September 23, 2022, to reflect new information.
September 23, 2022, Update: The government of the United Kingdom (UK) introduced changes for employers conducting compliance right-to-work checks on February 23, 2022. These changes will expire on September 30, 2022. After this date, employers will need to conduct right-to-work checks in one of the following ways:
- By conducting a manual check
- By conducting a check online through the Home Office’s website, OR
- By allowing an identity service provider (IDSP) to conduct the compliance check
Throughout the COVID-19 pandemic, employers were permitted to conduct right-to-work checks online for individuals who could not use the Home Office online right-to-work check service or could not appear in person. For additional information on conducting a right-to-work assessment, check here.
February 23, 2022 Update: The United Kingdom (UK) government extended temporary right to work measures until September 30, 2022, for individuals who are unable to use the Home Office online right to work check service. This change will allow individuals to complete the right-to-work checks via video call without requiring hard copies of the required documentation. This decision was made due to the COVID-19 pandemic and reduced availability of in-person appointments.
February 1, 2022 Update: The government of the United Kingdom (UK) announced additional changes to right-to-work checks on January 18, 2022. UK employers will be permitted to use the certified Identity Service Providers to digitally verify identification documents for British and Irish citizens. According to the government of the UK, this change will allow employers to conduct identity checks on employees more consistently and securely. For additional information on right-to-work checks, click here.
Original Post From December 16, 2021:
Key Points
- Right-to-work checks must be conducted online for certain work permit holders beginning April 5, 2022
Overview
On December 16, 2021, the government of the United Kingdom updated guidance for employee right-to-work checks that will go into effect in April 2022. Beginning April 5, 2022, physical biometric cards will no longer be accepted for the right-to-work checks. Instead, employers will need to conduct an online right-to-work check. Currently, the online service can support the following categories:
- Biometric residence permit holders
- Biometric residence cardholders
- Individuals with status issued under the EU Settlement Scheme
- Holders of a digital Certificate of Application to the EU Settlement Scheme issued on or before June 30, 2021
- Individuals with a status issued under the point-based immigration system
- British National Overseas (BNO) visa holders, OR
- Frontier workers permit holders
A manual right-to-work check should be conducted for categories not supported by the online service. Additionally, any right-to-work check undertaken before April 6, 2022, with a physical biometric card will remain valid. For additional information concerning the guidance, click here.
What are the Changes
The government of the UK released new guidance for the right-to-work checks that will go into effect the first week of April 2022.
Looking Ahead
Continue to check the UK’s government website for additional information and updates.
Source: GOV.UK
