This article is now out of date following an announcement on 26 August 2021 to postpone the return of physical checks until April 2022.
The Home Office has announced a further delay in the resumption of physical right-to-work checks.
Plans to resume physical checks on 21 June had been strongly criticised by business organisations in light of the four-week delay in unlocking Covid restrictions and the slow pace of the return to offices, and the government has responded by saying it will continue with the Covid-19 “adjusted” checks until 1 September 2021.
Responding to the announcement, Neil Carberry, chief executive of the Recruitment and Employment Confederation (REC), said: “This is a sensible decision that will keep the jobs market moving. We’re pleased government has listened, and we look forward to working with the Home Office on the next logical step – a permanent digital system.”
The REC had estimated that more than 300,000 people a week would have been delayed from starting work if the Home Office plan to reimpose physical checks had gone ahead on 21 June.
Right to work
Immigration rules and right to work
Proof of right to work in the UK – copying of documents requirements
It had argued that mandating in-person checks went against government public health guidance to continue to work from home where possible.
There was also an ambiguity that would have arisen on 21 June whereby digital checks would have continued for foreign nationals, meaning UK citizens were effectively being disadvantaged.
Each digital check only takes around five minutes – but an in-person check can take closer to 45 minutes, the lobby group said.
However, shunting the reimplementation of physical checks to a later date did not resolve the issue, the REC said and it is now urging the Home Office to allow digital checks for the long term, or at the very least until final social distancing restrictions are lifted.
Immigration specialist and partner at City-based law firm Bates Wells, Chetal Patel, told Personnel Today that a delay was welcome but did not provide a proper solution: “This is a step in the right direction, however, businesses need a permanent solution.
“The return of physical checks is not realistic for many organisations even post-1 September 2021. The expansion of the digital checks is much more fitting and not only does it reflect the new age of working, but it also ties in with the Home Office’s digitalisation process.
“Lobbying will continue for digital right-to-work checks to remain on the agenda for good,” she added.
“The Home Office has yet again left it to the last minute to issue guidance. This is yet another example of the Home Office kicking the can down the road and it’s having an extremely disruptive impact on businesses who are unable to plan due to constant changes.”
Tania Bowers, legal counsel and head of public policy at the Association of Professional Staffing Companies (APSCo) said: “There has been a huge amount of time and effort that has gone into adapting the right-to-work verification processes in a remote environment and to return to pre-pandemic systems that do not retain the flexibility that is needed in a hybrid working environment will not help organisations during this recovery period.
“We also remain concerned that a change to in-person checks at any point means that UK nationals will be treated differently from non-UK nationals. Proof of right to work checks for non-UK nationals are carried out digitally via UK Visas & Immigration, whereas UK national checks are required to be conducted in person. We believe that everyone should be treated equally, and encourage a level-playing field between the foreign and domestic workforces, and we have asked the home secretary to take swift action on this matter.”
The latest revised guidance states that until 1 September 2021 (final day 31 August) checks can continue to be carried out over video calls; job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals; and employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.
After 31 August, employers must check the applicant’s original documents or check the applicant’s right to work online, if the applicant has passed on their share code (gained from passport and biometric residency permit/card details).
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
Previously the physical checks had been due to be reimposed on 17 May, but a decision was made to put this back to 21 June on 12 May.
Recruitment and resourcing opportunities on Personnel Today
Browse more recruitment and resourcing jobs
