Remote control: Checking right to work documents for employees working from home

The Spencer West immigration team has been fielding a lot of queries about checking right to work documents whilst employees are working remotely due to COVID-19. We have prepared this short summary of how to check employees’ documents by video conference.

Temporary coronavirus right to work checking policies apply from 30 March 2020, to both initial right to work checks and rechecks.

To check hardcopy documents remotely, request a scanned copy or photo of the original document. Arrange a video call and ask them to hold the original document up to the camera. Check the document they hold up against the electronic copy they have already provided to you.

Where an individual holds a biometric residence permit, a biometric residence card or status issued under the EU settlement scheme, you may check their right to work online.

• The individual gives you permission to check their right to work online and provides the generated ‘share code’ to you.
• Arrange a video call. During the call, go to https://www.gov.uk/view-right-to-work and enter their share code and date of birth. Check the photograph on the online profile.
• A positive online check profile will state that the individual has the right to work in the UK.
• Print the profile page or save it as a pdf or html file.

Keep a record of the date of the check, e.g. in a spreadsheet. Make the notation ‘adjusted check undertaken on [date] due to COVID-19’.

Employers will have to recheck documents according to non-coronavirus document checking policies, within 8 weeks of the temporary provisions coming to an end. Employers who comply with these policies will not be subject to Home Office enforcement action.

If you have any questions, please contact Samar Shams, Immigration and Global Mobility Partner, at [email protected].