A few weeks ago we informed you that the temporary right to work checks in force during the COVID-19 pandemic would end on 16 May. However, the government has today revised that timetable and has moved the end date back to 20 June. This date aligns with the government's 'roadmap' to ease all national lockdown restrictions and social distancing measures.
So, from Monday 21 June you must:
If you're checking original documents, you'll need to do this in the presence of the individual or, if you're still working remotely (or they are newly arrived to the UK and have to quarantine), via a live video link while the original documents are still in your possession.
This will be your only option for British nationals who don't qualify for the online service.
The Home Office’s online right to work checking service is available for individuals who hold a biometric residence permit or residence card, or who have been granted UK immigration status under the EU settlement scheme or points-based immigration system. You can only use this service if the individual agrees and provides you with their share code. If they refuse, you can't discriminate against them by, for example, withdrawing their job offer etc. Instead, you will have to check their original documents.
Our previous article answered a number of additional questions including: whether you need to re-check the documents of anyone you recruited during the pandemic; whether you can rely on the temporary rules if you undertake checks before 21 June even if staff are due to start later and that date and the checks you need to undertake for EU citizens from 1 July. To find the answers to these questions, please click here.
Our specialist employment and immigration lawyers Sybille Steiner and Padma Tadi can help you put in place an internal policy for conducting right to work checks from 21 June.