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.

No retrospective checks required

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.

Employer reaction to announcement

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.

Minimising adjusted checks and returning to fully compliant checks

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:

  • Employers should determine an internal policy for conducting right-to-work checks on the assumption that this will be required from 17 May 2021 and ensure that all relevant recruitment, HR and any other staff responsible for carrying out right-to-work checks are made aware of this in good time.
  • Online right-to-work checks should be used wherever possible (noting that the individual must be present at the time of the check, at least via live video link).
  • Adequate resources should be put in place to securely receive, review and return physical documents required for manual right-to-work checks and employers should consider conducting manual checks with the individual being present via live video link rather than face to face.

Endnotes

(1) The Home Office guidance is available here.