Right to Work Checks: Changes Extended to September 2022 - Vista
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Right to Work Checks: Changes Extended to September 2022

The temporary right to work changes that have been in place since March 30th 2020, due to Covid-19, have been further extended to the 30th September 2022. These changes allow employers to:

  • Conduct right to work checks via video calls
  • Accept pictures or scans of documents rather than requiring originals to be sent in.

An employer’s statutory defence against a civil penalty will remain if the checks are carried out in the prescribed way under the adjusted guidance checks. No retrospective checks are required.

New changes  from April 2022

The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc, Regulations 2022 (SI 2022/242) (Regulations) will come into force on 6 April 2022. Two associated revised codes of practice will also come into force on 6 April 2022; a Code of practice on preventing illegal working: Civil penalty scheme for employers and the Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working.

Regulation 5 removes biometric cards from the list of acceptable documents.

So, from 6 April 2022, all biometric card holders are required to evidence their right to work using the Home Office online service only. An employer will no longer be able to accept physical cards for the purposes of a right to work check.

From 6 April 2022 employers may also use identification document validation technology (IDVT) service providers to digitally verify the identity of British and Irish citizens with valid passports (or Irish passport cards).

Regulation 8 provides that an IDVT check and document check must be clear and in an unalterable format to obtain a statutory excuse from paying a civil penalty. The employer must also reasonably believe that the IDVT checker has complied with their obligations as well as:

  • Be satisfied that photograph in the completed IDVT identity check is of the employee.
  • Retain a clear copy of the IDVT identity check and the documents checked for at least two years after the employment has ended.

However, Employers will also still have the option to carry out a manual check if they prefer.

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