Payroll Legislation

When Will Right to Work Checks Be In-Person?

Legislation

When Will Right to Work Checks Be In-Person?

Due Date

5 April 2022

Summary

Digital right to work check extension

The Home Office has confirmed that the end date for the temporary adjustments made to right to work checks has been extended until 5 April 2022. The deadline was initially scheduled for 1 September 2021. As it stands, from 5 April 2022, in-person checks will be reinstated.

However, it’s worth noting that the Home Office is undertaking a review of specialist technology that could support a move to permanent digital right to work checks. This would mean that checks could be conducted remotely but with enhanced security.

Background information

Applications for the EU Settlement scheme closed on 30 June 2021 and the process for completing right to work checks on EU, EEA, and Swiss citizens has now changed.

Employers can no longer rely on EU passports or ID cards to prove an individual’s right to work, with the exception of Irish citizens. Instead, an online right to work check is required.

To carry out an online right to work check, employers need the applicant’s date of birth and their share code, which they will have obtained when they proved their right to work online.

There is no requirement for employers to undertake retrospective checks on any EU, EEA, or Swiss citizens who entered employment up to and including 30 June 2021.

Employers need to complete a right to work check for every individual they employ. Employers can face a civil penalty of up to £20,000 per worker, if they employ someone who doesn’t have the right to work in the UK and they’ve failed to carry out the required checks.

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