Employers must carry out right to work checks on all appointees to ensure they are allowed to work lawfully in the UK before they employ them. Employers who fail to do so face potential fines and, in some cases, criminal liability.
There are a number of changes to the ‘right to work checks’. These changes are:
- From 6 April 2022 employers will be required to conduct online checks for all visa-holders with a biometric residence permit (BRP), biometric residence card (BRC), or a frontier worker permit (FWP). Employers will no longer be able to carry out manual right to work checks for these individuals.
- For British and Irish nationals employers from 6 April 2022 will be able to conduct digital checks using a third-party Identity Service Provider (IDSP), continue with manual right to work checks, or virtual checks until 30 September 2022. If employers opt to outsource right to work checks to a certified IDSP, the employers will still retain liability for illegal working penalties. IDSPs will charge a fee for their services.
- For manual checks, the employer must physically see the individual’s right to work documents. This would normally involve the employer seeing the original document face-to-face or via a video call. However, since 30 March 2020 employers have been able to conduct a Covid-19 adjusted right to work check through prospective employees sending scanned copies of compliant ID documents via email, followed by a video call to confirm original ID documents with the employer. This facility is in place until 30 September 2022.
- The Home Office has stated that the original document checks will not be required to be redone retrospectively for British and Irish nationals and other eligible individuals who had a Covid-19 adjusted right to work check between 30 March 2020 and 30 September 2022 (inclusive). Employers will have a statutory defence against civil penalties and fines if they have conducted a right to work check and retained evidence correctly under the rules in force at the time the check was carried out.
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Applicant
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Previous position
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From 6 April 2022
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British and Irish nationals
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Manual checks only
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Manual or digital checks permitted (through certified identity service provider)
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EEA and Swiss nationals with status under EU Settlement Scheme or electronic visas
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Online check only
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Online check only
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Non-British/Irish nationals with a biometric residence permit (BRP) or biometric residence card (BRC)
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Manual or online checks
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Online check only
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Non-British/Irish nationals with any other type of visa or indefinite leave to remain which is endorsed in a current passport
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Manual checks only
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Manual checks only
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If you would like to know more about the changes to ‘right to work’ checks please contact Kirsty Henderson, one of our HR Advisors.
First published 18 August 2021
Last Updated 7 April 2022
7 April 2022
See table
27 August 2021
The temporary adjustments to the right to work checks, in place since 30 March 2020 remain in place until 5 April 2022.
18 August 2021
First published.
Find out more about Kirsty Henderson