Immigration right to work checks – no more video checks from 1 October 2022

The ability for employers to carry out Covid-adjusted right to work checks is to alter.

Undertaking right to work checks by video link (which has been in place since the beginning of the pandemic), will expire on 30 September 2022, from which time employers will be required to carry our checks in one of the following ways, depending on the type of immigration permission the individual may have.

1. A manual right to work check (for British and Irish nationals only) or

2. A right to work check using Identity Document Validation Technology via the services of an Identity Service Provider (for British and Irish nationals with a valid passport only) or

3. A Home Office online right to work check for individuals with biometric residence permits, biometric residence cards, frontier worker permits or e-visas (including those granted status under the EU Settlement Scheme).

In order to conduct the online checks, employers will need a “share code” from the individual, as well as their date of birth.  A manual check for such employees will not provide the employer with a statutory excuse in relation to illegal working, exposing them to a significant potential fine.

The deadline was extended earlier this year to give employers an opportunity to develop a relationship with approved identity service providers to enable them to use IDVT (Identity Document ValidationTechnology), and to update their internal procedures to take account of the change.   

Employers who have not already done so should consider whether the use of IDVT would benefit the business (taking account of relevant employee headcount). Further, staff carrying out right to work checks should be trained on the upcoming change and the different ways in which such checks must be carried out.