Important Updates
Important Updates
March 19, 2026 | United KingdomPersonnel Today: Can Staff Visit the USA If They Have a Criminal Record?
March 19, 2026 | United KingdomHR World: Compliance Now: Value Beyond Risk Management
March 19, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 19, 2026 | PakistanPakistan: Suspension of Visas-on-Arrival and Visa Prior to Arrival Programs
March 19, 2026 | PolandPartner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide
March 19, 2026 | United KingdomPersonnel Today: Can Staff Visit the USA If They Have a Criminal Record?
March 19, 2026 | United KingdomHR World: Compliance Now: Value Beyond Risk Management
March 19, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
March 19, 2026 | PakistanPakistan: Suspension of Visas-on-Arrival and Visa Prior to Arrival Programs
March 19, 2026 | PolandPartner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide
March 19, 2026 | United KingdomPersonnel Today: Can Staff Visit the USA If They Have a Criminal Record?
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
  • 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

HR World: Compliance Now: Value Beyond Risk Management

Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.

Learn more

Awards

Partner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide

Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.

Learn more

Media mentions

Personnel Today: Can Staff Visit the USA If They Have a Criminal Record?

Manager Karnig Dukmajian

Learn more

Media mentions

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

Learn more

Media mentions

HR World: Compliance Now: Value Beyond Risk Management

Partner Charlotte Wills explains that treating compliance as a strategic function helps organisations anticipate risk, manage costs and strengthen workforce planning.

Learn more

Awards

Partner Karolina Schiffter Ranked in Chambers & Partners Poland Immigration Guide

Partner Karolina Schiffter is ranked Band 1 in Immigration in the inaugural Chambers & Partners Poland guide, recognizing her leadership in advancing Fragomen’s Poland practice.

Learn more

Media mentions

Personnel Today: Can Staff Visit the USA If They Have a Criminal Record?

Manager Karnig Dukmajian

Learn more

Media mentions

The Sunday Times: Make Your Move from the UK to France

Senior Manager Géraldine Renaudière discusses planning for French residence and citizenship applications, including fees, translations and language or civic tests.

Learn more

Video

Traveling to the US for the 2026 FIFA World Cup: Visa, ESTA and Entry Rules Explained | #MobilityMinute

Senior US Consular Manager Brian Simmons outlines key visa, ESTA and entry considerations for travelers planning to visit the US for the 2026 FIFA World Cup.

Learn more

Media mentions

CareMarkets: Cost of Non-Compliance

Manager Simon Magava and Immigration Consultant Inderjit Kaur examine sponsor licence revocations in the UK social care sector and their impact on workforce stability.

Learn more

Blog post

Demographics, AI and Global Mobility in 2026: A Global Outlook on Workforce Strategy and Immigration Policy

Director Raj Mann explores how demographic change, artificial intelligence and global trade shifts are reshaping labour markets, workforce strategy and immigration policy in 2026.

Learn more

Blog post

Costa Rica Retirement Visa: Application and Requirements for Pensionado Residency

Immigration Supervisor Michael Salas Guzman explains the key eligibility requirements, documentation considerations and benefits of Costa Rica’s Pensionado residency program for retirees receiving lifetime pension income from abroad.

Learn more

Media mentions

Leading Britain's Conversation: One Old Arrest Can Stop You Entering the USA, Even If You Were Never Convicted

Senior Manager William Diaz outlines how US authorities evaluate prior criminal records under ESTA and what UK travellers need to know when completing their applications.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Receives FCCCO Women in Leadership Award

Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.

Learn more
Generic Insights

Media mentions

Diário Do Turismo: Brasil passa a emitir visto eletrônico para chineses e amplia mobilidade de negócios

Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.

Learn more

Blog post

Why Climate Disruptions Are Reshaping Mobility Strategy

Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.

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

© 2026 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.