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28 April 2021
On 20 April 2021 the Home Office confirmed that the COVID-19-adjusted right-to-work check process will end on 16 May 2021.(1) Although employers will need to undertake fully compliant right-to-work checks from 17 May 2021, they will not have to carry out retrospective checks where the adjusted process has been used.
The confirmation that retrospective checks will not be required will come as a relief to employers and recognises the huge administrative task that this would have entailed.
The ending of adjusted right-to-work process coincides with the planned implementation of Step 3 of the government's roadmap for easing lockdown restrictions in England. However, many employees will continue to work either fully or predominantly from home beyond this date.
Many employers have expressed concern that the return to full compliance is premature and unworkable. Immigration practitioners will be raising client concerns with the Home Office with a view to reaching a safer and less disruptive solution.
While the appropriate arrangements will vary from business to business, the following general approach should ensure compliance while minimising the need for face-to-face right-to-work checks:
For further information on this topic please contact Andrew Osborne, Li Xiang or Tom McEvoy at Lewis Silkin by telephone (+44 20 7074 8000) or email (firstname.lastname@example.org, email@example.com or firstname.lastname@example.org). The Lewis Silkin website can be accessed at www.lewissilkin.com.
(1) The Home Office guidance is available here.
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