Following the Home Office’s announcement on 22nd February 2022, adjusted Right to Work checks due to Covid-19 are being extended to 30th September 2022 inclusive. No in-person retrospective checks are required if the adjusted check was carried out correctly.

How to conduct an Adjusted Right to Work Check

Ask the individual to submit a scanned copy or a photo of their original documents via email or using a mobile app

  • Arrange a video call with the individual– ask them to hold up the original documents to the camera and check them against the digital copy of the documents, record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”
  • If the individual has a current Biometric Residence Permit or Biometric Residence Card or has been granted status under the EU Settlement Scheme or the points-based immigration system you can use the online right to work checking service while doing a video call – the individual must give you permission to view their details.

RIGHT TO WORK CHECK

A Right to Work check is a pre-employment check confirming working permissions of a prospective employee or a casual worker to ensure they have the appropriate right to work for the specific role and hours.
Conducting a Right to Work check consists of documentation checks on every UK based employee and keeping it on their employee file. The check can be done manually, in person and on-line (for specific working permissions).

Right to Work Change from 6 April 2022

Since 6 April 2022, BRC, BRP and FWP holder are required to evidence their right to work using the Home Office online service only. Employers cannot accept physical cards for the purposes of a right to work check even if it shows a later expiry date. BRCs, BRPs and FWPs have been removed from the lists of acceptable documents used to conduct a manual right to work check.

WHAT DOCUMENTS SHOULD BE PROVIDED

Acceptable documents for a RTW checks are grouped into two categories – List A and List B.

List A
These documents provide a continuous statutory excuse for the full duration of the person’s employment. No follow-up check is required (no time-limit).

List B Group 1
These documents provide a time-limited statutory excuse which expires when the person’s permission to be in the UK expires. A Follow-up check is required prior to expiry of permission to work document.

List B Group 2
These documents provide a time-limited statutory excuse which expires six months from the date specified on a Positive Verification Notice (PVN). A follow-up check is required prior to the expiry of the PVN.

LIST A AND B DOCUMENTS - EXAMPLES

List A
(unlimited leave to remain)

List B
(time limited leave to remain)

British or Irish national

Global Talent visa holder

National of EU/EEA country with Settled status

Skilled Worker/ Tier 2 visa holder

Indefinite Leave to Remain (ILR) holder 

Student/ Tier 4 visa holder

 

National of EU/EEA country with Pre- settled status

 

Tier 5 visa holder

 

Dependant visa holder