Changes to right to work checks

Changes to right to work checks

The Home Office has confirmed that the temporary covid-19 adjusted right to work checks – allowing employers to conduct video checks, have been extended to 30 September 2022 inclusive.

However, in light of further announcements about changes to how right to work checks should be conducted, this may have limited application in practice.

Changes from 6 April 2022

BRP, BRC or FWP holders

Employers must conduct an online check for anyone holding a:

• Biometric Residence Permit (BRP);
• Biometric Residence Card (BRC); or
• Frontier Work Permit (FWP)

Who starts employment on or after 6 April 2022 – checks of physical documents will not be permitted after this date.

The individual will need to provide a share code and employers will use this plus their date of birth to conduct a check using the Home Office online right to work check service.

British and Irish nationals

A new, optional system for checks will apply to anyone holding a British or Irish passport who starts new employment on or after 6 April 2022.

Employers can choose to use the services of a certified Identity Service Provider (IDSP) which enables individuals to upload their passport services. The IDSP then conducts the ID check and returns a result to the employer. This will be the first time employers have been able to rely on a third party right to work check (although employers retain ultimate responsibility for ensuring compliance with immigration rules).

The new IDSP system may remove a huge administrative burden for some employers, however it will come at a cost. The fee will depend on the IDSP provider but is likely to be anything between £1.45 to £70 per check.

The IDSP system is voluntary and employers can continue to conduct manual checks for British and Irish passport holders if preferred (in which case, the adjusted video checks apply until 30 September).