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UNITED KINGDOM: New Draft Right to Work Check Guidance for Employers
March 15, 2022
The way employers carry out right to work checks is due to change from 6 April 2022, with the draft revised guidance having been published in recent days. Below we summarise the most significant updates being proposed (note these may be subject to change).
Changes in the way Biometric Residence Card, Biometric Residence Permit (BRC/BRPs) and Frontier Worker Permit (FWPs) holders prove their right to work
From 6 April, Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders shall only be able to evidence their right to work using the Home Office online checking service. This means employers cannot accept or check a physical BRC, BRP or FWP as proof of right to work.
Changes to the lists of “acceptable documents”
The following changes are being made to the list of acceptable documents that employers may rely upon for determining a right to work:
- the removal of current documents issued by the Home Office to a family member of an EEA or Swiss citizen, which indicated that the holder had permission to stay in the United Kingdom;
- to remove Biometric Immigration Documents (Biometric Residence Permit) issued by the Home Office;
- to remove frontier worker permits issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020;
- to add a Certificate of Application (CoA) – digital or non-digital – confirming a valid application to the EU Settlement Scheme on or after 1 July 2021 together with a Positive Verification Notice (PVN) from the Employer Checking Service (ECS);
- to include an application for leave to enter or remain under Appendix EU to the Isle of Man Immigration Rules and removal of reference to applications submitted on or before 30 June 2021.
Identity Service Providers (IDSPs) to carry out digital identity verification as part of a right to work check
As has been widely publicised, from 6 April, employers shall now be able to use Identity Service Providers (IDSPs) to complete the identity verification element of checks involving British and Irish citizens who hold a valid passport (including Irish passport cards).
Extension to the COVID-19 temporary adjusted right to work checks until 30 September 2022
The following temporary changes were made on 30 March 2020 and shall remain in place until 30 September 2022 (inclusive):
- checks can currently be carried out over video calls;
- job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals;
- employers should use the Home Office Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents;
Up to and including 30 September 2022, if carrying out a temporary adjusted check, employers must:
- ask the worker to submit a scanned copy or a photo of their original documents via email or using a mobile application;
- arrange a video call with the worker – ask them to hold up the original documents to the camera and check them against the digital copy of the documents, record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”; and
- if the worker has a current Biometric Residence Permit or Biometric Residence Card or has been granted status under the EU Settlement Scheme or the points-based immigration system, employers can use the online right to work checking service while undertaking a video call – the applicant must give the employer permission to view their details. From 6 April 2022, all biometric card holders will evidence their right to work using the Home Office online service only. Employers will no longer be able to accept physical cards for the purposes of a right to work check even if it shows a later expiry date.
Organisations and individuals impacted by this development are encouraged to contact a Newland Chase immigration specialist for case-specific advice. For general advice and information on immigration and business travel to the UK, please contact us.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Case for any case- or company-specific assessments.
