New Right to Work guidance
The Home Office updated its Right to Work guidance for employers on 17 December 2021. This has introduced the following important changes of which all UK employers should be aware.
From 6 April 2022 UK employers must undertake an online right to work check only when onboarding employees who hold the following documents:
- Biometric Residence Permit cards (issued to individuals holding a visa of 6 months or more)
- Biometric Residence Card (issued to non-EEA family members of an EEA Citizen)
- Frontier Worker visas.
Currently employers can undertake either:
- an "in person" check of the original Frontier Worker visa, BRP or BRC card in the presence of the document holder or
- a "virtual" check via video link if using the "adjusted" right to work check process (put in place in 2020 following the UK government's Work from Home orders to limit the spread of COVID-19).
From 6 April 2022 employers who continue to undertake in person checks on these three documents will not be provided with a statutory excuse against illegal employment if the employee is found not to have permission to work, meaning the employer risks a civil penalty of up to £20,000 plus possible criminal sanctions. For employers holding a sponsor licence, not conducting the correct check will also put them in breach of their sponsor duties.
The guidance confirms that it is not necessary for employers to conduct retrospective checks on employees onboarded before 5 April 2022.
Employers will be permitted to undertake in person checks for individuals who do not hold these documents, for example, British or Irish nationals relying on their passport for the right to work check.
As a reminder, the Home Office currently intends to end the "adjusted" Right to Work checks, which allows employers to check original right to work check documents over a video link, on 6 April 2022 (unless the deadline is extended again as it has been a number of times already).
COVID-19 testing
The UK government has again removed the need for fully vaccinated travellers to obtain a negative COVID-19 test result before travel. The current rules require that:
- after arrival in the UK, travellers over the age of 18 must take a COVID-19 test before the end of day 2 (the day of arrival is day 0). The test can be a lateral flow or PCR test
- if the lateral flow test is positive, the individual must self-isolate and take a PCR test
- children and those who qualify for a medical exemption from vaccination can also follow these rules.
Those are not fully vaccinated must provide proof of having taken a COVID-19 test in the two days before travel, and book and pay for a day 2 and day 8 COVID-19 PCR tests to be taken once in the UK. They must also self-isolate for a full 10 days after arriving in the UK. This can be shortened if using the "Test to Release" scheme.
All travellers to the UK must complete the passenger locator form (certain exemptions for those travelling to the UK if carrying out specific roles, listed here. The online form must be completed in the 48 hours before travel.
Penalties for not complying with the UK Covid-19 travel rules can lead to a financial penalty of up to £10,000.
The UK entry rules for overseas travellers have changed on a frequent basis during the pandemic. We strongly advice that you review the UK Gov website before travel to ensure you have the most up to date information to hand.
