Changes To Right To Work Checks From 6 April 2022
The Home Office has announced that from 6 April 2022, the right to work of those who hold a biometric residence card (BRC), biometric residence permit (BRP) or frontier worker permit (FWP) can only be done online.
Notification of the change was made on 17 December 2021 in a new Appendix E to the Employer right to work checks supporting guidance (otherwise known as “An employer’s guide to right to work checks”), and via direct email to stakeholders.
What Will Employers Need To Do From 6 April 2022?
From 6 April 2022, employers must carry out a check for individuals holding a BRC, BRP or FWP using the Home Office’s online right to work check service. It will no longer be an option to complete a manual right to work check using a physical BRC, BRP or FWP.
The employer must have the individual’s date of birth and a valid right to work share code that the individual has generated by accessing the online system for individuals. The share code is valid for 30 days.
It will not be necessary for employers to carry out a retrospective check for employees where a manual check was completed on or before 5 April 2022.
As always, employers must be careful to ensure they carry out the initial right to work check before the date the employment is due to commence, and the follow-up right to work check in line with the timings set out in the Employer right to work checks supporting guidance.
What Other Announcements Are Expected?
Covid-19 temporary adjusted right to work checks are due to end on 6 April 2022. It is anticipated that the Home Office will make an announcement before this date regarding whether these will need to be extended further. This will likely depend on the readiness of a tool they are developing to enable employers to check the right to work of more people online, including British and Irish citizens.
Regulations will need to be laid before 6 April 2022 to implement the removal of BRCs, BRPs and FWPs as acceptable right to work documents. The regulations may also include changes to manual checks brought about by the availability of the new tool if this is ready to be rolled out by then.
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