Right to Work Checks

The Government has announced that the end of adjusted right to Work checks has been extended to 1 September 2021, giving recruiters more time to perform the checks without having to physically
see the original documents. The temporary adjustments to Right to Work checks came in due to COVID-19.

From 1 September 2021, you must either:

https://www.gov.uk/legal-right-work-uk or

check the applicant’s original documents, or
check the applicant’s right to work online, if they’ve given you their share code https://www.gov.uk/view-right-to-work

Retrospective checks
You do not need to carry out retrospective right to work checks on those who had a COVID-19 adjusted check between 30 March 2020 and 31 August 2021 (inclusive). This reflects the length of time the adjusted checks have been in place and supports business during this difficult time.

You will maintain a defence against a civil penalty if the check you have undertaken during this period was done in the prescribed manner or as set out in the COVID-19 adjusted checks guidance.

It remains an offence to work illegally in the UK. Any individual identified who is disqualified from working by reason of their immigration status, may be liable to enforcement action.

You must contact the home office checking service the https://www.gov.uk/employee-immigration-employment-status if the person has a right to work, the Employer Checking Service will send you a ‘Positive Verification Notice’. This provides you with a statutory excuse for 6 months from the date in the notice.