Editorial

UK government issues reminder about Right to Work checks

Home Office lays out changes to checks from October 1

Posted 29 September 2022 by Christine Horton


The Home Office has issued a reminder to firms ahead of the forthcoming changes to Right to Work checks on October 1.

UK employers have been able to use the adjusted manual right to work checks since 2020 to get around some of the challenges of handling original documents during the pandemic. These will end on September 30, 2022.

Employers who wish to continue carrying out right to work checks remotely will be able to use Identification Document Validation Technology (IDVT) for checks on British and Irish citizens who hold a valid passport (or Irish passport card).

From October 1, 2022, employers must carry out one of the prescribed checks as set out in the Right to Work checks: an employer’s guide before employment commences:

1. A manual right to work check

2. A right to work check using IDVT via the services of an identity service provider (IDSP) or

3. A Home Office online right to work check

Checks using the Home Office online checking service do not require you to check physical documents and can be carried out by video call, as right to work information is provided in real time direct from Home Office systems.

There is no requirement to carry out retrospective checks on those who had a Covid-19 adjusted check between March 30, 2020 and September 30, 2022.

“You will maintain a defence against a civil penalty, if the check you have undertaken between these dates was done in the prescribed standard manner or as set out in the Covid-19 adjusted checks guidance,” notes the Home Office in its guidance.

Further information can be found on GOV.UK at: https://www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks

Queries about the Right to Work Scheme can be sent to: mailto:RighttoRentandRighttoWork@homeoffice.gov.uk