Further changes to the Right to Work check process came into effect on 6 April 2022.
Prior to an employee commencing work in the UK, an employer must undertake the RTW check through one of the following:
- a manual RTW check;
- using the services of an Identity Document Service Provider (“IDSP”) to complete the RTW check;
- though the Home Office online RTW check website.
IDSPs that are licensed by the Home Office may be instructed by an employer to verify an individual’s RTW. The IDSP will use an Identity Verification Technology (“IDVT”) to verify an individual’s identity on the basis of a digital copy of a physical document.
The changes will primarily affect employers who have been used to undertaking the manual RTW check on an employee’s Biometric Residence Permit (“BRP”). As of 6 April, BRPs are no longer on the list of acceptable documents.
Due to the pandemic, with the majority of the country suddenly working from home, the Home Office introduced a concession to the RTW check requirements. Under the concession, employers are permitted to perform the check on the basis of copy or scanned documents. Employers would not be required to see the original document under the concession. This concession was due to on 6 April 2022 but has now been extended to 30 September 2022.
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