Currently, the following right to work checks are available for UK employers:
- Online right to work check for BRP1, BRC2 and FWP3
- Manual right to work check for all visa holders and non-migrants (British, Irish nationals, or people with right of abode in the UK).
- Adjusted right to work check for all visa holders and non-migrants (British, Irish nationals, or people with right of abode in the UK) using scanned documents and video appointments to cater to COVID-19 remote working.
Changes to be implemented as of April 6, 2022:
- From April 6, 2022, BRC, BRP and FWP holders will evidence their right to work using the Home Office online service only. Employers will no longer be able to accept manual or adjusted scanned documents for the purposes of a right to work check, even if they show a later expiry date. BRCs, BRPs, and FWPs will be removed from the lists of acceptable documents used to conduct a manual right to work check.
- Retrospective checks will not be required on biometric card holders who, before April 6, 2022, used their physical card to demonstrate their right to work. 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.
- Employees with 30/90 days entry vignettes would still be able to evidence their right to work by producing the short validity vignette in their passport which they used to travel to the UK via manual or adjusted checks. Employers must later repeat the check using the BRP by conducting an online check for the statutory excuse to continue.
- From April 6, 2022, a new online system for carrying out RTW checks will also be introduced for British and Irish citizens with valid passports (including Irish passport cards). This will not involve the use of a share code as currently used for migrant's right to work check. Instead, individuals will be able to upload images of their passports via a certified Identity Service Provider ('IDSP') to verify their identity remotely and prove their eligibility to work in the UK. There is not much information about the system yet, and it is currently in alpha stages. However, it appears that there will be a charge for the each check of between £1.45 and £70. For now, employers will also continue to be able to check identity manually for non-migrant workers for free.
Changes to be implemented as of October 1, 2022:
- Temporary COVID-19 adjustments to right to work checks allowing employers to rely on scanned copies of documents for non-migrant workers will end on October 1, 2022. For all non-migrant workers (British and Irish passport holders), the employer must use either a certified Identity Service Provider ('IDSP') online check, or a manual in-person check of identity.
In summary, from April 6, 2022, the right to work check will have to be carried out online for BRP, BRC, or FWP holders. For all other individuals, the right to work check will need to be carried out manually by the employer, either through adjusted check or online via a certified IDSP. Adjusted checks for all categories will cease on October 1, 2022.
Footnotes
1. Biometric Residence Card (BRC) is provided to non-EEA family members of an EEA citizen.
2. Biometric Residence Permit (BRP) is provided to individuals who have a right to stay in the UK under various visa types for more than 6 months, and to those who have settlement in the UK (ILR).
3. Frontier Worker Permit (FWP) is provided to EEA citizens who are resident outside the UK but are economically active (employed or self-employed) in the UK.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.