United Kingdom: Reminder – New Right to Work Process Effective from April 6, 2022
April 5, 2022
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At a Glance
- As a reminder, starting April 6, 2022, it will become mandatory for employers to complete right to work checks using the Home Office’s online right to work checking system for individuals holding a current Biometric Residence Permit, Biometric Residence Card, status under the EU Settlement Scheme, Frontier Worker Permit or an eVisa.
- Employers will need to complete the online right to work check and also validate the individual’s identity on a video call or in person.
- The temporary COVID-19 adjusted right to work checks measures will remain in place until September 30, 2022.
The situation
As a reminder, starting April 6, 2022, it will become mandatory for employers to complete right to work checks using the Home Office’s online right to work checking system for individuals holding a current Biometric Residence Permit (BRP), Biometric Residence Card (BRC), status under the EU Settlement Scheme (EUSS), Frontier Worker Permit (FWP) or an eVisa.
Impact
- New process applicable April 6. The updated right to work check process will take effect as anticipated for individuals holding a current BRP, BRC, status under the EUSS, FWP or an eVisa. Employers will need to complete the online right to work check and also validate the individual’s identity on a video call or in person. Online right to work checks will be the only acceptable method for individuals holding such immigration status documents, and employers should not accept or check a physical BRP, BRC or FWP only as proof of right to work.
- Retrospective checks. 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 a civil penalty if they conducted initial checks in line with the guidance that applied at the time the check was made.
- Issues for Ukrainian citizens. It has been reported that there have been issues with the generation of share codes to complete online right to work checks for some Ukrainian citizens with leave granted under the Ukraine Family Scheme and Ukraine Sponsorship Scheme (Homes for Ukraine). In such an event, employers should complete a manual check of the individual’s entry stamp and retain a record of the error code from the online right to work checking system. Employers should make a subsequent attempt to use the online right to work checking system prior to the expiry of the entry stamp (stamp valid for six months from UK entry date).
Background
In March 2022, the Home Office published new right to work guidance which takes effect from April 6, 2022. Employers should follow this guidance for right to work checks conducted on and after this date, in order to establish or retain a statutory excuse against a civil penalty.
Looking ahead
The temporary COVID-19 adjusted right to work checks measures will remain in place until September 30, 2022.
Full details of these right to work check changes can be found here.
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].
