Immigration in the COVID-19 lockdown in the UK

January 6, 2020

The UK’s Home Office are now regularly updating their guidance for immigrants in the UK and those wanting to make applications to come here.

The latest position is set out in their guidance most recently updated on 26 May 2020 (https://www.gov.uk/government/collections/coronavirus-covid-19-immigration-and-borders).

If your employee is absent:

Where a Certificate of Sponsorship (CoS) has been issued but the sponsored individual has not been able to apply for a visa:

Where employees visas are ending:

People outside the UK

Most UK Visa Application Centres (VACs) are closed and so appointments cannot be made to submit documents for applications. However some UK Visa Application Centres (VACs) are resuming services, where local restrictions allow. For updates to the status of VACs in any country, contact TLS (https://uk.tlscontact.com) if they are in Europe, Africa and parts of the Middle East or VFS global (https://www.vfsglobal.co.uk) for all other countries. If employees have already made an appointment applicants will be contacted.

Right to Work Checks

Right to work checks have been temporarily adjusted due to coronavirus (COVID-19). This is to make it easier for employers to carry them out. As of 30 March 2020 the following temporary changes have been made:

Checks continue to be necessary and you must continue to check the prescribed documents listed in right to work checks: an employer’s guide. It remains an offence to knowingly employ anyone who does not have the right to work in the UK.

Because of COVID-19, some individuals may be unable to evidence their right to work. During this period, you must take extra care to ensure no-one is discriminated against as a job applicant or employee because they are unable to show you their documents.

Conducting a right to work check during the temporary COVID-19 measures

If the job applicant or existing worker cannot show their documents you must contact the Home Office Employer Checking Service. 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.

After the COVID-19 measures end

The Home Office will let you know in advance when these measures will end. After that date, employers should follow the checking process set out in right to work checks: an employer’s guide.

Employers will be asked to carry out retrospective checks on existing employees who:

Employers should mark this check: “the individual’s contract commenced on [insert date]. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”

The retrospective check must be carried out within 8 weeks of the COVID-19 measures ending. Both checks should be kept for your records.

The Home Office will not take any enforcement action against employers if they carried out the adjusted check set out in this guidance, or a check via the Home Office, and follow this up with the retrospective check.

If, at the point of carrying out the retrospective check, you find your employee does not have permission to be in the UK you must end their employment.

If the check you have undertaken during the adjusted period was done in the prescribed manner, you do not need to undertake a retrospective check.

Get in touch for further support and advice

If you have any queries on how these changes will impact your business, contact our team on +44(0)203 051 5711 or by email.

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