The Home Office has announced changes to employer right to work checks, effective 6 April 2022 that all employers must be aware of.
From 6 April 2022, holders of BRPs (Biometric Residence Permit), Biometric Residence Cards (BRC) and Frontier Worker Permits (FWP) must have their right to work checked online as these three forms of ID will be removed from the lists of acceptable documents used to conduct a right to work check. The changes that have been announced are part of UK Visa and Immigration’s plan to digitise the system and cease use of physical proof of status by 2025.
Until 5 April 2022, when carrying out right to work checks, employers can use the online service OR manually check the documents. However, employers must be careful not to discriminate against employees who prefer to use their physical card by forcing use of online service. If a manual check is carried out on or before 5 April 2022, a retrospective online check will not then be required and employers will have a statutory excuse against any civil penalty if the initial checks were carried out in line with the guidance that applied at the date of the check.
Employers should be aware of the importance of carrying out pre-employment right to work and record-keeping in this regard, or risk facing a fine. It is therefore essential that employers ensure that they follow the new process for holders of BRP, BRC or FWP from 6 April 2022 and seek specialist advice if they are unsure about the process.
Contact a member of the team if you have any queries 0333 2005153 or complete the form here