Right to work checks – How to process during the COVID-19 Measures

right to work

Due to the current UK Government restrictions right to work checks have been temporarily adjusted due to coronavirus (COVID-19). This is to make it easier for employers to carry them out. To conduct a right to work check follow the below guidance set out by the UK Government:

Steps required:

1) Ask the employee to submit a scanned copy or a photo of their original documents via email or using a mobile app

2) Arrange a video call with the employee – ask them to hold up the original documents to the camera and check them against the digital copy of the documents

3) Record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”

4) If the worker has a current Biometric Residence Permit or Biometric Residence Card or status under the EU Settlement Scheme you can use the online right to work checking service while doing a video call – the applicant must give you permission to view their details

Please click here for full guidance on how to complete Right to Work checks from the UK Government

Right to Work Checks with CV Insight

Whist UK Right to Work Checks are the employers responsibility and cannot be outsourced our Enhanced Document Validation plus face verification check can assist you with this process whilst you are not able to meet the candidate face to face to validate their original documents.

Enhanced Document Validation by CV Insight

How it works:

1) On submission of the online form the candidate will be issued a text message with a link providing a clear step by step guide to complete this check.

2) The candidate will be instructed to provide an image of the front and back of their current valid right to work document such as their Passport, Visa, Bio-metric Residency Card or Country ID Card.

3) Once uploaded they will be requested to take a self-image of the front of their face. This check will perform a digital proof of identity by way of automatic and visual checks of the documents supplied and will verify the candidates document photo against the self-image provided.

This check can help to support the Right to Work check until you can arrange for the candidates to bring in their original document when you are able to gain sight of these.

After the COVID-19 measures end

The UK Government is asking you to carry out retrospective checks on existing employees who:

1) started working for you during these measures

2) required a follow-up right to work check during these measures

3) You should mark this check: “the individual’s contract commenced on [insert date]. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”

The retrospective check must be carried out within 8 weeks of the COVID-19 measures ending. Both checks should be kept for your records.

The Home Office will not take any enforcement action against you if you carried out the adjusted check set out in this guidance, or a check via the Home Office, and follow this up with the retrospective check.

If, at the point of carrying out the retrospective check, you find your employee does not have permission to be in the UK you must end their employment.

If the check you have undertaken during the adjusted period was done in the prescribed manner, you do not need to undertake a retrospective check.

If you would like to further information on any of the above:

Contact us for more information