After temporary changes to the law on checking the identity of employees brought about due to the Covid-19 pandemic, new permanent Regulations come into force on 6 April 2022 and were published this week. Two associated revised codes of practice will also come into force. 

 

The Regulations amend the right to work check scheme, which requires employers to check the immigration status of prospective employees, to ascertain whether they have the right to work in the UK. From 6 April 2022, as an alternative to conducting a manual right to work check, employers may now use identification document validation technology (IDVT) service providers to digitally verify the identity of British and Irish citizens with valid passports (or Irish passport cards).

 

Regulation 8 of the Regulations enables employers to use an IDVT service provider. If doing so, the employer must obtain a clear copy of the IDVT identity check, and the document checked, in an unalterable format to obtain a statutory excuse from paying a civil penalty for employing an illegal worker. The employer must also reasonably believe that the IDVT service provider has complied with its various obligations (set out in article 6A(1)) and:

 

 - Be satisfied that photograph in the completed IDVT identity check is of the employee.
 - Retain a clear copy of the IDVT identity check and the documents checked for at least two years after the employment has come to an end.

Regulation 5 also removes various documents from the lists of acceptable documents for right to work checks, including Biometric Cards. From 6 April 2022, holders of Biometric Cards must instead use those cards to access the Home Office online right to work checking service to evidence their right to work in the UK.

 

The Regulations also correct an ambiguity in The Immigration (Restrictions on Employment) Order 2007 and allows British citizens to use expired passports to satisfy right to work checks.

 

The government will publish updated guidance for employers before the changes come into force.

Finally, though confusing, it is important to note that the temporary concessions that were introduced due to Covid-19 - that allowed an employer who was not able to conduct a manual right to work check on documents to carry out checks over video calls and accept scanned documents rather than originals -  have been extended to run until 30 September 2022.   This is so those employers who will struggle to return to manual checks (perhaps because they have moved largely to a home working model) have more time to develop a relationship with a IDVT provider.    It is important therefore that employers who know they will struggle to return to a manual, face-to-face system use the time between now and September wisely to ensure they will be able to operate an efficient IDVT solution.