6 April 2022
Information for all employers:
From 6 April 2022, the Home Office are changing how Right to Work checks should be performed:
What are right to work checks?
Employers must check that all job applicants have the correct immigration status in the UK before entering into an employment relationship with potential employees, to avoid being liable for a civil penalty.
There are currently 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.
Summary: What are the main changes?
Right to work checks on biometric card holders up to and including 5 April 2022 (The current system).
Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Work Permit (FWP) holders can currently choose to use either the Home Office online service or their physical card to evidence their right to work to an employer.
Up to and including 5 April 2022, employers can continue to conduct manual checks on physical cards for evidence of a right to work.
During this time, employers cannot insist individuals use the online service, and should not discriminate against those who wish to use their physical card. Employers can, however, ask individuals if they would like to use the online service.
Right to work checks for biometric card holders from 6 April 2022
From 6 April 2022, Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Work Permit (FWP) 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. BRCs, BRPs and FWPs will be removed from the lists of acceptable documents used to conduct a manual right to work check.
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.
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
FAQs
Do I need to do online checks for all my existing employees?
Employers do not need to retrospectively check the online immigration status of BRC, BRP or FWP holders who were employed up to and including 5 April 2022. 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.
If, however, an employer chooses to undertake a retrospective check and identifies an existing employee who no longer has a right to work, they are required to take the appropriate action. If the employee is an EEA citizen or non-EEA family member, further advice should be sought on www.gov.uk or by contacting Williamsons Solicitors.
Who does a Civil Penalty Notice potentially apply to?
Anyone who commenced employment on or after 29 February 2008 if they do not have the right to undertake the work in question.
What happens if I get this wrong?
Should you be found to be illegally employing an employee, the UKVI may issue a Civil Penalty Notice of up to £20,000, dependent upon the circumstances.
I am not sure that we have been conducting our ‘Right to work’ checks properly in the past. How can I check?
The right to work check has changed over time, to check that you have been doing the right to work check properly please check when employment commenced and then check the requirements at the time of employment by visiting An employer’s guide to right to work checks: 17 January 2022 (accessible version) – GOV.UK (www.gov.uk) and looking at ‘Previous version of the guidance.’
For any further queries, please contact Williamsons Solicitors on 01482 323697 and ask for the Immigration Department.
