The Home Office has announced that from 06 April 2022, employers must carry out an online right to work check for those holding Biometric Residence Cards and Permits (BRC/P), or a Frontier Worker Permit (FWP). Here’s what you need to know:
Online only – from 06 April 2022 it will no longer be possible to carry out manual checks on BRC/P or FWP holders – all checks must be carried out online.
Process – the individual will need to generate a right to work share code and share this with you. Along with their date of birth, you will then need to use the share code to check their right to work online. The online status will confirm the individual’s right to work status and the expiration date.
Retrospective checks – there will be no requirement to conduct retrospective online checks for BRC/P or FWP holders. The new online requirement will only apply to right to work checks conducted on or after 06 April 2022.
Holders – BRC/Ps are issued to all persons who have successfully applied to settle in the UK and those with long-stay UK work visas. A FWP will be held by any EU, EEA or Swiss citizen who is employed or self-employed in the UK but lives outside of the UK.
Covid-adjusted checks – the ability to conduct valid remote right to work checks (via video call for example) will remain in place until 05 April 2022. There may be a further announcement before April as to whether this will be extended – we’ll keep you updated.
Get in touch if you need our support with the employment law implications of conducting right to work checks.
This update is accurate on the date it was published (08 February 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.