Upcoming Changes to Employers’ Right to Work Checks

The Home Office has announced changes to employers’ right to work checks, effective April 6, 2022, of which all employers must be informed.

Carrying out right to work checks is an essential part of the recruitment process and it is important that employers are always aware of any changes in this area.

Currently, employers must ask new hires for physical evidence of their right to work in the UK, such as a Biometric Residence Permit (BRP). From April 6, 2022, holders of BRP, Biometric Residence Cards (BRC) and Border Work Permit must have their right to work checked online as the aforementioned documents will be removed from the lists of acceptable documents used to complete a control of the right to work. The changes that have been announced are part of UK Visa and Immigration’s plan to digitize the system and stop using physical proof of status by 2025.

During the right to work checks up to and including April 5, 2022, employers can use the online service or manually check the documents. However, employers should be careful not to discriminate against employees who prefer to use their physical card but may give all newcomers the option of using the service online. If a manual check is performed on or before April 5, 2022, then a retrospective online check will not be required and employers will have a legal excuse against any civil penalties if the initial checks have been carried out in accordance with the guidelines applicable on the date of the check. .

Employers will be keenly aware of carrying out right to work due diligence and the importance of keeping records in this regard, not to mention the potential fines that can be imposed if the correct checks are not carried out or if there is evidence. adequate checks are not carried out. is not kept on file. It is therefore essential that employers ensure that they follow the new process for all new hires as of April 6, 2022 and seek the advice of a specialist if they are unsure of the process or have specific candidates whose situation appears more complex.