[co-author: Ryann Stout]
The temporary adjustments which allowed right to work checks to be completed with copies of documents via video conference due to COVID-19 will end on August 31, 2021. Up until and including August 31, 2021 employers are still allowed to carry out the adjusted checks using a scanned copy or the photo of their original documents via email or mobile phone.
Starting on September 1, 2021, employers must:
- check the applicant’s original documents, or
- check the applicant’s right to work online.
Right to work checks done via video call will no longer be acceptable for compliance purposes. If the person cannot use the online right to work process, they will need to either bring the original documents in person, or send them by secured delivery followed by an online video identity check.
The online right to work check system may be completed when an employee provides access to their UK immigration documents (BRP, EU settled status, or EU passport).
As previously noted, the Home Office has also confirmed that employers do not need to carry out retroactive right to work checks for employees who had a COVID-19 adjusted video check done prior to August 31, 2021 (inclusive), provided that employers have undertaken right to work checks during this period in the prescribed manner as set out in the COVID-19 adjusted guidance.
We recommend to review and follow all Home Office guidance regarding right to work checks on an ongoing basis to ensure full compliance (see here).
