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UNITED KINGDOM: Right to Work Update

From 6 April 2022, individuals in possession of Biometric Residence Permits (BRP), Biometric Residence Cards (BRC), or Frontier Worker Permits (FWP) will evidence their right to work in the UK exclusively via the Home Office online checking service. As such, UK employers will no longer be able to accept sight of the physical BRP, BRC or FWP as valid proof of the holder’s right to work, even if the document has yet to expire.

While employers are legally obliged to check that all new starters possess the necessary immigration status in the UK before entering into employment, they do not need to retrospectively check the status of individuals in possession of BRC, BRP or FWP and employed before 6 April 2022, provided their initial right to work checks were undertaken in line with the guidance that applied at the time such checks were carried out.

To conduct an online right to work check, employers will need the applicant’s date of birth and their “share code”, which the individual will have obtained online. To complete the online right to work check, employers will enter the job applicant’s details by visiting the ‘checker’ side of the service on GOV.UK. It is expected that updated Home Office guidance for employers on how to conduct a right to work check is to be published in due course.

If you have any questions about the above, please do reach out to your dedicated Newland Chase consultant or contact our offices for further assistance. For general advice and information on immigration and business travel to the United Kingdom, please contact us.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.