On 17 December 2021, the Home Office announced that, as of 6 April 2022, Biometric Residence Card (BRXC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders will no longer be able to present physical BRPs, BRCs or FWPs in order to evidence their right to work in the UK.  Instead, these individuals must evidence their right to work via the Home Office's online service.

What are right to work checks? 

All employers in the UK have a responsibility to prevent illegal working and one of the ways in which they do this is through conducting right to work checks. Where right to work checks are conducted in line with the Code of practice on preventing illegal working, an employer will have a statutory excuse against civil penalty. 

What changes were announced on 17 December 2021?

On 17 December 2021, the Home Office announced that, as of 6 April 2022, Biometric Residence Card (BRXC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders will no longer be able to present physical BRPs, BRCs or FWPs in order to evidence their right to work in the UK. 

Instead, these individuals must evidence their right to work via the Home Office's online service.

How do employers conduct an online right to work check? 

1. To carry out an online right to work check, the employee must first view their own Home Office right to work record using the following link: https://www.gov.uk/prove-right-to-work. The employee then shares this information with their employer by providing them with a 'share code'.

2. The employer can then use the 'share code' along with the employee's date of birth to access the employer section of the website. This can be accessed using the following link: https://www.gov.uk/view-right-to-work.  

3. The employer must check the details on the employee's online profile to ensure that they have the right to work and that there are no restrictions on such. The employer must ensure that the photograph on the profile is of the individual presenting themselves for work - this must be checked in the presence of the individual, either via video or in person. 

4. Finally, the employer must retain a copy of the 'profile' page which confirms the employee's right to work. 

Do employers need to conduct retrospective checks? 

The Home Office have confirmed that employers will not need to conduct retrospective checks on individuals who presented physical BRPs, BRCs or FWPs up to and including 5 April 2022.    

The Home Office intends to publish additional guidance relating to the changes above shortly.