The extension will be great news for employers as many organisations continue to operate a hybrid way of working. What’s the latest?
On 22 February 2022, the Home Office extended the temporary adjusted checks once again and confirmed that they will now end on 30 September 2022 (inclusive). The Home Office said the decision to extend the concession was made following positive feedback from their announcement that employers can use Identification Document Validation Technology (IDVT) to carry out digital checks on valid British and Irish passport holders (including Irish passport cards) from 6 April 2022.
The extension will be great news for employers as many organisations continue to operate a hybrid way of working. Employers should use this ‘deferred’ time to develop commercial relationships with identity service providers and review their onboarding processes to ensure that they are carrying out the right to work checks in a compliant manner.
What’s the process for conducting right to work checks?
Up to and including 30 September 2022, the right to work checks can be carried out in one of three ways:
- Manually checking the individual’s original documents (for those that qualify*); or
- Checking the individual’s right to work online; or
- Covid-19 adjusted measures.
*Employers should remember that from 6 April 2022, migrants holding any of the following documents will no longer be eligible for the manual right to work checks:
- Current Biometric Residence Permit;
- Current Biometric Residence Card holders;
- Status under the EU Settlement Scheme (EUSS);
- Status under the points based immigration system.
In instances where migrants hold any of the above, employers will be required to carry out online right to work checks.
Further details on how to carry out the checks can be found here.
For more information on the topics raised in this briefing, please contact Chetal Patel, Partner or Aisha Choudhry, Associate in our immigration department.