This article was originally published on 16 December 2022 and was updated on 23 February 2022, 1 February 2022 and 22 September 2022 to reflect new information.
22 September 2022 Update: The government of the United Kingdom (UK) introduced changes for employers conducting compliance right to work checks on 23 February 2022. These changes will expire on 30 September 2022. After this date, employers will need to conduct right to work checks in one of the following ways:
- By conducting a manual check;
- By conducting a check online through the Home Office’s website; or
- By allowing an identity service provider (IDSP) to conduct the compliance check.
Throughout the COVID-19 pandemic, employers were permitted to conduct right to work checks online for individuals who were unable to use the Home Office online right to work check service or were unable to appear in person. For additional information on conducting a right to work check, check here.
This article was originally published 16 Dec. 2021 and was updated on 23 Feb. and 1 Feb. 2022 to reflect new changes.
23 Feb. 2022 Update: The government of the United Kingdom (UK) extended temporary right to work measures until 30 Sept. 2022 for individuals who are unable to use the Home Office online right to work check service. This change will allow individuals to complete the right to work checks via video call without requiring hard copies of the required documentation. This decision was made as a result of the COVID-19 pandemic and reduced availability of in-person appointments.
This article was originally published 16 Dec. 2022 and was updated on 1 Feb. 2022 to reflect new changes.
1 Feb. 2022 Update: The government of the United Kingdom (UK) announced additional changes to right-to-work checks on 18 Jan. 2022. UK employers will be permitted to use the certified Identity Service Providers to conduct a digital verification of identification documents for British and Irish citizens. According to the government of the UK, this change will allow employers to conduct identity checks on employees in a more consistent and secure manner. For additional information on right-to-work checks, click here.
Right to work checks must be conducted online for certain work permit holders beginning 5 Apr. 2022
On 16 Dec. 2021, the government of the United Kingdom updated guidance for employee right to work checks that will go into effect in Apr. 2022. Beginning 5 Apr. 2022, physical biometric cards will no longer be accepted for right to work checks. Instead, employers will need to conduct an online right to work check. Currently, the online service can support the following categories
- Biometric residence permit holders;
- Biometric residence card holders;
- Individuals with status issued under the EU Settlement Scheme;
- Holders of a digital Certificate of Application to the EU Settlement Scheme issued on or before 30 Jun. 2021;
- Individuals with a status issued under the point-based immigration system;
- British National Overseas (BNO) visa holders; or
- Frontier workers permit holders
A manual right to work check should be conducted for categories not supported by the online service. Additionally, any right to work check that is conducted before 6 Apr. 2022 with a physical biometric card will remain valid. For additional information concerning the guidance click here.
What are the Changes?
The government of the UK released new guidance for right to work checks that will go into effect the first week of Apr. 2022.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.
OISC registration number F202000157