Introduction of new technology for right to work checks deferred until 1 October 2022

It was previously announced by the government that temporary adjustments to right to work checks, implemented to help employers during the Covid pandemic, would come to an end on 6 April 2022. They were to be replaced by new Identification Document Validation Technology (IDVT) to carry out digital document checks for British and Irish Citizens with a valid passport (or Irish passport card).

The temporary adjustments to the rules allowed for document checks to be conducted over video link, rather than having to have the physical documents. This allowed for remote recruitment and employment, making it much safer to employ people during enforced home working, social distancing and self-isolation.

Due to the positive feedback from these digital checks, the government sought to introduce a permanent solution, and decided on IDVT technology to do this. Deferring the implementation date will enable employers to have sufficient time to develop commercial relationships with identity service providers, make the necessary changes to the pre-employment checking process and carry out responsible on-boarding of their chosen provider.

According to the Home Office, “Deferring the end date of the adjusted checks to 30 September 2022 (inclusive) ensure the Right to Work Scheme continues to operate in a manner which supports employers to implement long-term, post-pandemic working practices. It also provides opportunity for employers to put measures in places to enable face to face document checks if they do not wish to adopt digital checks for British and Irish citizens with a valid passport (or Irish passport card)”.

The options from 1 October 2022 will be as follows.

  • Manual checks of physical documents.
  • IDVT checks for British and Irish citizens documents.
  • Home Office online right to work service. Checks using this service do not require a check of physical documents and can be carried out by video, as right to work information is provided in real time direct from Home Office systems.
  • Contact the Home Office if the status remains unclear.

A statutory defence against a civil penalty will be maintained if the check undertaken between 30 March and 30 September 2022 (inclusive) was done in the prescribed manner or as set out in the Covid-19 adjusted checks guidance. However, any individual identified with no lawful immigration status in the UK may be liable to enforcement action.

Contact us to schedule your complimentary consultation.

West Wing, Greenhill House, Thorpe Road, Peterborough, PE3 6RU

01733 217 690