The end of adjusted Right to Work checks

The Home Office has announced that the temporary adjustments to right to work checks due to COVID-19 will end on 5 April 2022 (inclusive), and the new guidance will be issued ahead of 6 April 2022.

From 6 April 2022, employers will no longer be able to accept or check a physical Biometric Residence Card (BRC), Biometric Residence Permit (BRP) or Frontier Worker (FWP) as valid proof of right to work – right to work will  only be  performed by using the Home office online service.

Updated guidance on how to conduct a right to work check on BRC, BRP and FWP holders from 6 April 2022 and we will provide full guidance once this is available.

What is a right to work check?

A right to work check is a Home Office process to establish that each employee or casual worker has the right to work in the UK before they start their employment. It is a legal requirement for employers to check that all job applicants have a lawful immigration status  in the UK before entering into employment, to avoid being liable for a civil penalty.

There are two types of right to work checks – an online check or a manual check:

• check the applicant’s right to work online, if they’ve given you their share code
• check the applicant’s original documents

How can we help you? 

We can undertake a review of your current Right to Work check policy and ensure this is compliant. We can also provide training to the relevant people in your business who undertake these checks and ensure they fully understand the process required and the record keeping duties.

Please do contact the immigration team if any of your employers are impacted by this and guidance is required. 

Get in touch

If you have any queries relating to this, please contact the Immigration team below.

Get in touch