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:
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:
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 email@example.com or by telephoning us on 020 7038 3980 and one of our immigration lawyers will contact you.