On Friday 17 December 2021 the Home Office confirmed that it will be making further changes to the checks that employers will need to make from 6 April 2022.
The Home Office announced the changes by sending the following information via email to key stakeholders. It has also confirmed that its guidance will be updated shortly:
‘Right to Work update
The way in which Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker (FWP) holders evidence their right to work is changing. From 6 April 2022, BRC, BRP and FWP holders will evidence their right to work using the Home Office online service only, presentation of a physical document will no longer be acceptable.
This means that, from 6 April 2022, employers will no longer be able to accept or check a physical BRP, BRC or FWP as valid proof of right to work, even if it shows a later expiry date.
Employers do not need to retrospectively check the status of BRC or BRP holders who were employed up to and including 5 April 2022. Employers will maintain a statutory excuse against any civil penalty if the initial checks were undertaken in line with the guidance that applied at the time the check was made.
What are right to work checks?
Employers must check that all job applicants have a lawful immigration in the UK before entering into employment, to avoid being liable for a civil penalty.
There are two types of right to work checks: an online check and a manual check. The type of check employers are required to conduct will depend on the status of the job applicant.
An online right to work check is required for all BRC, BRP and FWP holders, as well as individuals who only hold digital proof of their immigration status in the UK.
To carry out an online right to work check, employers will need the applicant’s date of birth and their share code, which they will have obtained online. For further information for employers on how to use the online services, guidance is available on GOV.UK:
To complete the online right to work check, employers will enter the job applicant’s details by visiting the ‘checker’ side of the service on GOV.UK:
Updated guidance on how to conduct a right to work check on BRC, BRP and FWP holders from 6 April 2022 will be published shortly on GOV.UK.‘
We will send out a client alert once the new guidance is available and we will also cover this change in our winter webinar series for employers, details of which will be announced in the New Year.
Right to Work checks: How our immigration solicitors can assist
We are experienced in advising employers on how to conduct compliant right to work checks.
If you require legal advice regarding this or any other aspect of immigration law, our immigration specialists are always happy to have an initial discussion, please contact us or complete our enquiry form below.