Further to our recent blog post in relation to the flexibility of Right to Work checks ending as of 17 May 2021, the Home Office have now confirmed that these provisions will be extended until 20 June 2021.
On 12 May 2021, the Home Office updated its ‘Advice for employers carrying out right to work checks during the coronavirus (COVID-19) pandemic’, replacing the previous guidance which was published on 20 April 2020.
End of temporary adjusted checks
As of 21 June 2021, as an employer you will be required to adhere to the usual conventional processing of Right to Work Checks, as they were before the COVID-19 pandemic. Unfortunately, if you are unable to carry out an online Right to Work Check, you will be required to review the individual’s original documents and carry out a manual Right to Work Check.
Given that some UK employers are not intending to reopen their offices until September at the earliest, this announcement could prove difficult for some employers.
Retrospective checks
UK employers will not need to carry out retrospective checks on individuals for whom they have made a temporary adjusted check between 30 March 2021 and 20 June 2021, provided they have been carried out correctly. For further information in relation to the above, please read our recent blog How do I conduct a right to work check during COVID-19? Employers guide.
It is important to note that it remains an offence to work illegally in the UK. Any individual identified as being disqualified from working by reason of their immigration status could be vulnerable to enforcement action.
If you would like further information in this regard, or have questions in relation to conducting the correct Right to Work Checks, please do not hesitate to contact us, send us an e-mail, or alternatively, follow us on Twitter to stay up-to-date.
Please note that the information in this blog is current at the date and time of posting. The situation regarding policy and guidance based on the COVID-19 pandemic is subject to change at short notice. We shall be monitoring all aspects of UK immigration which may be impacted by the coronavirus closely, so please do keep updated with further blogs and articles which we will be posting on Gherson.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021