Important Updates
Important Updates
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
August 18, 2025 | AustraliaAustralia: Updates to National Innovation Visa Programs in New South Wales, South Australia and Victoria
August 18, 2025 | United StatesPittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers
August 18, 2025 | United Arab EmiratesUnited Arab Emirates: New Advertiser Permit Required for Some Social Media Promotional Content
August 14, 2025 | AustraliaAustralia: English Language Test Requirement Updated
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
August 18, 2025 | AustraliaAustralia: Updates to National Innovation Visa Programs in New South Wales, South Australia and Victoria
August 18, 2025 | United StatesPittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers
August 18, 2025 | United Arab EmiratesUnited Arab Emirates: New Advertiser Permit Required for Some Social Media Promotional Content
August 14, 2025 | AustraliaAustralia: English Language Test Requirement Updated
August 14, 2025 | United Arab EmiratesUnited Arab Emirates: Dubai Introduces ‘One Free Zone Passport’ Across Free Zones
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • 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

United Kingdom: Updated Right to Work Guidance Has Been Released

June 21, 2024

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

On June 21, 2024, the UK Home Office issued updated employer guidance on right to work (RTW) checks, which includes:

  • Clarification that employers do not need to re-check an employee’s RTW where the employee has a physical Biometric Residence Permit expiring on December 31, 2024, provided that a valid check has been performed and the underlying visa expiry date is being tracked;
  • Confirmation that employers are not required to conduct further RTW checks for employees whose pre-settled status under the EU Settlement Scheme has been automatically extended from two to five years, provided that the individual remains in their employment; and
  • Reminders regarding follow-up RTW checks for asylum claimants with an Application Registration Card, as well as the need to check the eligible occupations available to asylum claimants who have been granted RTW.

The situation

The Home Office issued updated employer guidance on right to work (RTW) checks.

A closer look

Key changes include:

Change Impact

No additional RTW checks necessary for certain Biometric Residence Permit (BRPs) holders. The updated guidance confirms that employers of individuals with a physical BRP do not need to conduct further RTW checks, provided that:

  • a valid initial RTW check was performed according to the guidance in effect at the time;
  • the employee’s physical BRP has an expiry date of December 31, 2024; and
  • the employer is monitoring the actual expiry date of the employee’s immigration permission.

The guidance also states that if employers are not tracking the underlying visa expiry date, they must complete a new RTW check to confirm the expiry date. 

The new RTW guidance represents a relaxation of the UK Home Office’s previously indicated position on follow-up RTW checks for short-dated BRPs.  

The updated guidance confirms that a new check is not required and that a statutory excuse will continue to the date of visa expiry (post December 31, 2024).

As best practice, Fragomen recommends that unless evidence has been retained to validate the recorded visa expiry date, a new RTW check should be conducted to ensure that the date has been recorded correctly.

Automatic pre-settled EU Settlement Scheme (EUSS) extensions and RTW checks.

  • The guidance confirms that employers who have already conducted a valid RTW check for an employee with pre-settled status under the EUSS will not need to repeat the check in the future (regardless of any indicated expiry date) provided that the employee retains their work rights and remains continuously employed with the same employer.
  • As previously reported, on May 21, 2024, the duration of pre-settled status automatic extensions under the EUSS increased to five years, up from two years. With expiry dates being removed from the digital profiles for ‘Right to Work’, ‘Right to Rent’ and ‘View and Prove’ checks. The latest guidance further confirms these changes.

This policy change reduces the administrative burden for employers, who may no longer need to perform additional RTW checks for EUSS employees.

Employers should consider reviewing their RTW check processes to ensure they are and were complete and up to date with relevant legislation.

RTW checks for asylum claimants. The guidance reminds employers that:

  • Follow-up Employer Checking Service (ECS) checks must be completed before the six-month expiry of the individual’s RTW. The ECS provides a mechanism to conduct a RTW check where the standard process is not possible.
  • Asylum claimants granted permission to work on or before April 3, 2024 are restricted to working in jobs on the old Shortage Occupation List.
  • Asylum claimants granted permission to work from April 4, 2024 are restricted to those roles listed on the new Immigration Salary List.

Employers who have successfully checked an asylum claimant’s RTW via the ECS should track the six-month expiry date to ensure they perform a follow-up check when necessary.

Additionally, employers should ensure that any asylum claimant employee is working in a role available to them under the appropriate occupation list (either the Shortage Occupation List, or the Immigration Salary list, depending on the employee). 

Background

  • RTW checks. Detailed government guidance on RTW steps, which are a mandatory part of the employee hiring process in the United Kingdom, can be found in the Home Office’s employer guide.
  • Regular updates. The amended guidance was provided as part of a regular update by the Home Office to clarify and add guidance to compliance requirements. A previous update was provided on February 8, 2024.

Looking ahead

Fragomen’s dedicated Compliance & Audit team is available to discuss, review and assist with navigating these changes, and to discuss right to work checking processes where needed. 

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

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

Learn more

Media mentions

Pittsburgh Business Times: Viewpoint: Immigration Compliance: A Strategic Imperative for Today’s Employers

Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Learn more

Blog post

From Ground Staff to Game Day: UK Skilled Worker Visa Changes in 2025 and the Impact on the Hidden Workforce in Sports Sector

Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Learn more

Blog post

Talent & Policy: Navigating Career Beginnings and Hiring Challenges in Singapore

Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Learn more

Blog post

Global Mobility Support and Visa Services: Fragomen’s Outbound Solutions from Germany

Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Learn more

Blog post

Lifting the Curtain: Saudi Arabia Demands Full Disclosure of Real Company Owners

Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Learn more

Video

Fragomen's Posted Worker Compliance Solutions

In this video, we share an overview of Fragomen's posted worker compliance solutions.

Learn more

Blog post

From Facilitation to Surveillance: How Digitalization Will Impact Your European Compliance Program

Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Learn more

Media mentions

People Management: What the UK’s Industrial Strategy and Immigration Reforms Mean for Employers

Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Learn more

Media mentions

NBC Bay Area: H-1B Visa Holders Will Be Required to Renew in Person Starting in September

Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.

Learn more

Podcast

New Roots: Pathways to Canada - Economic Mobility in Action - Canada's EMPP Unpacked

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.

Learn more

Blog post

Restored Citizenship: What Former South Africans Need to Know

Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.

Learn more

Blog post

From Advocacy to Action: Vietnam’s New Work Permit Decree Takes Shape

Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.

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.