Immigration remote manual right to work checks extended to 5 April 2022

The Home Office has announced an extension for employers to conduct immigration manual right to work checks remotely, due to end on 31 August 2021 - until 5 April 2022 as introduced at the start of the pandemic.

Employers must carry out right to work checks on all employees to ensure they have the correct immigration status. Failure to do so can lead up to fines of up to £20,000 for each unchecked employee. Carrying out and documenting these checks will provide an employer with a statutory immigration defence.

Since 1 July 2021, checks must be carried out on EU nationals or their dependants with a right to work through the EU Settled Status Scheme, as following the end of Free Movement these nationals are now subject to immigration control.

An employer should go through the following steps when conducting a manual check remotely:

• request copies of the individuals’ specified acceptable documents for immigration purposes through email or an app
• carry out a video call to check the documents with the individual online to ensure it is accurate.

Documents received should be retained on the individual’s file throughout their period of employment plus a further period of two years, and a note made of when the video call was undertaken.

In the event a manual check remotely cannot be done in this way for example, the individual has:

• an application for an immigration visa in process
• an application to transfer the visa into a new passport or a biometric residence permit (BRP)
• has applied to replace the BRP
• a Certificate of Application has been issued to an EU national or their dependant within the last 6 months
• the applicant is an asylum seeker and has an Application Registration Card issued with a right to work
• is unable to provide a BRP as it has not been delivered or issued
• is unable to carry out a check due to a technical error with the Home Office online system.

In the above circumstances an employer must use the online right to work employer service tool.

For further assistance with right to work checks or other immigration related issues, please contact RLegal immigration solicitors by completing our online form, sending an email to info@rlegal.com or by telephoning us on 020 7038 3980 and one of our immigration lawyers will contact you.