UK Immigration Update - 28 March 2022

Important Changes to Undertaking Right to Work Checks, effective 6 April 2022


UK based employers must be aware that important changes are being made to Right to Work Checks as of 6 April 2022, as these changes will affect the way you undertake your Right to Work Checks going forwards. Specifically, as of 6 April you will no longer be able to undertake checks on physical documents such as BRP's, and will instead be required to undertake an online check, using your employee/candidate's date of birth and share code, which is something they will obtain online.


You do not need to retrospectively check employees whom you have already undertaken checks on prior to 5 April 2022.

From 6 April 2022 you can use the link below to undertake your online checks:

https://www.gov.uk/view-right-to-work

Please ensure your HR team and any members of your team who are responsible for undertaking Right to Work Checks are informed of the changes.


Full guidance can be found in the UKVI's latest update on the matter:


25 March 2022


Reminder: Important Changes to the Right to Work Scheme


This is a reminder of information we issued on 17 December 2021 about changes to the way in which Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders evidence their right to work from 6 April.


From 6 April, 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, 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. 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 lawful immigration status 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 an employer is 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 from 6 April, 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:

Employer's guide to right to work checks


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:

View a job applicant's right to work details


Updated guidance on how to conduct a right to work check on BRC, BRP and FWP holders from 6 April was published in draft on 11 March on GOV.UK.

Home Office

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