Important Updates
Important Updates
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
June 13, 2025 | Ghana, MoroccoGhana / Morocco: Bilateral Visa Waiver Agreement Implemented
June 13, 2025 | ArgentinaGlobal Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar
June 13, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 13, 2025 | Belgium, Netherlands, United KingdomVRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
June 13, 2025 | Ghana, MoroccoGhana / Morocco: Bilateral Visa Waiver Agreement Implemented
June 13, 2025 | ArgentinaGlobal Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar
June 13, 2025 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 13, 2025 | Belgium, Netherlands, United KingdomVRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen
June 12, 2025 | ArgentinaArgentina: Immigration System Overhaul Restricts Services, Tightens Controls, and Introduces New Citizenship Pathway
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Draft Code of Practice on Preventing Illegal Working Published

June 11, 2021

insight-news-default

Country / Territory

  • United KingdomUnited Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • The Home Office has published a draft updated “Code of practice on preventing illegal working: Civil penalty scheme for employers.”
  • When a final version is published, the new Code will apply to all Right to Work checks starting July 1, 2021.
  • The finalised Code and an updated Right to Work guidance is expected soon.

The situation

The UK Home Office has published a draft “Code of practice on preventing illegal working: Civil penalty scheme for employers,” the guidance document employers should refer to along with the “Employer’s Guide to Right to Work Checks”, which is yet to be updated since March 2021. Although this is not a finalised version (the final Code is expected to be published soon), this is the first look of the new Right to Work check system following the end of the Brexit transition period in December 2020 and the subsequent grace period on June 30, 2021.

A closer look - key changes

  • Applicability. The new requirements set out in the draft Code will apply to all Right to Work checks conducted from July 1, 2021 onwards, including follow-up checks on existing employees (where required). Compliant Right to Work checks carried out prior to this date will fall under the previous version of the guidance.  
  • EEA Nationals. The draft Code confirms that European Economic Area (EEA) nationals will additionally need to provide proof of their UK immigration status for Right to Work starting July 1, 2021 onwards. This includes status issued under the EU Settlement Scheme or the Immigration Rules, or evidence of a pending application under either system with a Positive Verification Notice obtained via the Home Office’s Employer Checking Service.
  • List A and B documents. The draft Code significantly amends the lists of acceptable Right to Work documents to reflect the post-Brexit position:
    • EEA national passports and national identification cards will no longer be acceptable documents as evidence of Right to Work in the United Kingdom, except for Irish nationals for whom there is a separate entry in List A.
    • Specific reference is made to evidence of status or a pending application under the EU Settlement Scheme.
    • The slightly different arrangements with the UK’s Crown Dependencies, the Channel Islands and the Isle of Man, are reflected with new entries into both Lists.
    • A new acceptable document is the Frontier Worker Permit in List B.
    • All references to document types issued under the EEA Regulations have been removed.
  • Digital immigration status. Throughout the draft Code are references to the Home Office’s roll-out of digital immigration status instead of a physical document, such as a Biometrics Residence Permit. Currently, this is most applicable for Pre-Settled and Settled Status under the EU Settlement Scheme, but the draft Code confirms this will increasingly be the case for other immigration types. Employers will therefore need to incorporate the Home Office’s Online Right to Work Check Service into existing Right to Work check procedures.
  • COVID-19 concessions. Government concessions allowing virtual right to work checks, in place from March 30, 2020 until June 20, 2021, have been formalised in the Code in line with previously issued guidance. As a reminder, the Home Office has confirmed that retrospective checks do not need to be conducted where a compliant COVID-19 adjusted check was carried out. Employers will continue to have a defence against civil penalty if the checks completed are compliant.

Impact

  • Be prepared to update internal Right to Work procedure documents. When the finalised guidance is published, employers will need to review internal process and procedure documents to ensure that these reflect the updated documentation which must be viewed for checks conducted from July 1, 2021.
  • Consider providing staff refresher training on the updated guidance. Ensure all staff who conduct Right to Work checks are fully familiar with the new documents to request from EEA nationals and how these checks can be carried out, including the Online Right to Work Check Service.
  • Contact Fragomen. Our dedicated Compliance & Audit team is on hand to discuss, review and assist with navigating these changes, as well as amending a company’s Right to Work checking procedures and compliance programme, and providing training where desired.

Background

Right to work checks are a mandatory part of the employee hiring process in the United Kingdom. How these checks are carried out for EEA nationals is changing as a result of the United Kingdom leaving the European Union, the end of the Brexit transition period in December 2020 and the subsequent grace period on June 30, 2021.

Employers must continue to check the prescribed documents set out in the Home Office’s employer guide. It remains an offence to knowingly employ a foreign national without the right to work in the United Kingdom. Non-compliance can lead to civil penalties, among other sanctions.

Access Fragomen’s dedicated page for COVID-19 updates for current information.

Looking ahead

This is a draft document published by the Home Office. It is therefore not in final form and so its contents should be read with a degree of hesitancy. Nevertheless, it gives the clearest indication so far of what employers should expect in the finalised guidance. Employers should therefore begin to review existing internal procedure documents or process flows, as well as staff training, in order that these can be readily updated with the new documents to be requested in Right to Work checks. Early assessment of these will assist in ensuring employers are conducting compliant Right to Work checks from July 1, 2021.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • United KingdomUnited Kingdom

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Germany’s Police Clearance Certificate in 2025: Updated Apostille and Certification Process

In this blog, Maja Sugui and Priyanka Gadekar explain how to obtain a Police Clearance Certificate in Germany, and the changes for the apostille and final certification request in 2025.

Learn more

Media mentions

Global Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar

Country Manager María Inés Menvielle outlines Argentina’s updated immigration rules and their implications for business and foreign talent.

Learn more

Media mentions

VRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen

Client Engagement Manager Soraya Driessen explains how recent or serious convictions may affect UK ETA approval and what options are available to applicants.

Learn more

Media mentions

fDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent

Partner Mark Buchanan says governments across Asia-Pacific are tightening visa rules while supporting key industries vital to economic growth.

Learn more

Media mentions

Frankfurt Managing Partner Axel Boysen Recognized in The Best Lawyers™ Germany 2026

Frankfurt Managing Partner Axel Boysen is recognized in the 2026 edition of The Best Lawyers™ in Germany.

Learn more

Media mentions

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

Blog post

Germany’s Police Clearance Certificate in 2025: Updated Apostille and Certification Process

In this blog, Maja Sugui and Priyanka Gadekar explain how to obtain a Police Clearance Certificate in Germany, and the changes for the apostille and final certification request in 2025.

Learn more

Media mentions

Global Mobility Lawyer: Argentina’s Tightened Rules for Travellers Raise Compliance Bar

Country Manager María Inés Menvielle outlines Argentina’s updated immigration rules and their implications for business and foreign talent.

Learn more

Media mentions

VRT NWS: Veroordeeld voor bellen achter het stuur? Dan krijg je soms geen vergunning om naar het Verenigd Koninkrijk te reizen

Client Engagement Manager Soraya Driessen explains how recent or serious convictions may affect UK ETA approval and what options are available to applicants.

Learn more

Media mentions

fDi Intelligence: Mind Games | Nations Are Cherry Picking Top Foreign Talent

Partner Mark Buchanan says governments across Asia-Pacific are tightening visa rules while supporting key industries vital to economic growth.

Learn more

Media mentions

Frankfurt Managing Partner Axel Boysen Recognized in The Best Lawyers™ Germany 2026

Frankfurt Managing Partner Axel Boysen is recognized in the 2026 edition of The Best Lawyers™ in Germany.

Learn more

Media mentions

Construction News: The Immigration White Paper: What Builders Need to Know

Senior Associate Clara Gautrais and Immigration Paralegal Sean Pearce outline the impact of new visa skill requirements and sponsorship rules on UK construction firms.

Learn more

Video

European Club Season Wrap Up & Looking Forward to the 2025 Club World Cup | #FragomenFCLearn more

Media mentions

Irish Legal News: Fragomen Opens Second Office in Cork

This article in Irish Legal News covers the firm's recent announcement of its new office opening in Cork, Ireland.

Learn more
Generic Insights

Media mentions

Kiplinger: Retire in Finland and Live the Nordic Dream

Director Audrey Morew outlines how US retirees may apply for Finnish residency under the “residence permit on other grounds” route.

Learn more

Media mentions

Bloomberg: UK’s Visa Crackdown Leaves City of London Immigrants in Limbo

Partner Louise Haycock explains how the UK’s decision to double the qualifying period for Indefinite Leave to Remain is creating uncertainty for international talent and increasing pressure on employers.

Learn more

Fragomen news

Fragomen Appoints Partner Daniel Brown to Lead its WorkRight U.S. I-9 Technology Solution

Fragomen announces the appointment of Partner Daniel Brown to the position of Chief Executive Officer of WorkRight U.S., the firm’s I-9 employee verification technology.

Learn more

Fragomen news

Fragomen Ranked in Chambers USA 2025

Fragomen earned top rankings in Chambers USA 2025, with Band 1 recognition nationally.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.