FURTHER UPDATE - End of 'adjusted' right to work checks process
Adjusted rtw process can still be used until 30 September 2022
FURTHER UPDATE 01/03/2022 - adjusted right to work checks can now continue until 30 September 2022. This news article has been updated accordingly.
FURTHER UPDATE 26/08/2021 - adjusted right to work checks can now continue until 5 April 2022. This news article has been updated accordingly.
FURTHER UPDATE 18/06/2020 - adjusted right to work checks can now continue until 31 August 2021. This news article has been updated accordingly.
UPDATED 12/05/2020 - adjusted right to work checks were originally announced to be ending on 16th May 2021 but, in response to feedback across many sectors, the Home Office have announced that they will end on 20 June 2021. This news article has been updated accordingly.
The Home Office have announced that the temporary adjustments to right to work (RTW) checks due to COVID-19, which allows a check to be undertaken remotely, can continue until 30 September 2022.
This means that from 1 October 2022 Divisions, Departments and Faculties are required to conduct RTW checks under the original RTW rules. This may require the check to be conducted ‘face to face’, which we appreciate could be problematic for many parts of the University.
While the end of being able to carry out 'adjusted' checks is unfortunate, there are some positive elements to highlight.
Firstly, they have also announced that there is no longer a requirement for retrospective RTW checks to be done on adjusted checks undertaken between 30 March 2020 and 30 September 2022 (inclusive).
We therefore recommend that departments and faculties conduct as many RTW checks as possible for prospective employees and casual workers before the 30 September 2022 deadline using the Covid adjusted RTW rules.
The second positive aspect is that for EU/EEA staff with Settled/Pre-Settled visas or those staff with a Biometric Residence Permit (BRP cards) it is possible to conduct a RTW check via the new Home Office online RTW portal which allows remote checks. Guidance on the online RTW check process is found on our guidance on 'How to complete a right to work check'
For staff who do not fall in this category, RTW checks can still be conducted remotely by original RTW documents being sent recorded postal delivery to the person conducting the RTW check.
- A reminder that expired British passports are acceptable as a RTW document (individuals may be less reluctant to send old/expired passports via the post).
- Possible that the potential employees can drop their RTW documents at the department and then the RTW can be carried out at a later date visa ‘teams’ with the checker holding the original RTW documents.
For those RTW checks that need to be conducted in person, we appreciate the additional challenge department and faculty HR staff will face when staff may still be partially working remotely but things will hopefully have improved further by October 2022.
In light of the July 2021 changes to the right to work rules for Europeans we would recommend that anyone undertaking right to work checks should attend our training, if they have not attended recently.
As this Home Office announcement only extends adjusted checks for a further set period, it is important that all RTW checks made from 1 October 2022 follow the original right to work rules to protect our sponsorship license.
If you have any queries concerning this change, please contact firstname.lastname@example.org