From April 6, 2022, employers will no longer be able to accept or check a physical Biometric Residence Card (BRC), Biometric Residence Permit (BRP) or Frontier Worker Permit (FWP) as proof of the individual’s right to work in the U.K., even if it shows validity for a later date. Employers will be protected from any civil penalty if the initial checks were completed in line with the Home Guidance applied at the time the check was completed.
Employers must check that all job applicants have a lawful immigration status in the U.K. before entering into employment to avoid being liable for a civil penalty. Currently there are two types of right to work checks, an online check and a manual check. The type required depends on the status of the job applicant. The online verification is required for all BRC, BRP and FWP holders as well as any individual who holds only digital proof of their legitimate immigration status in the U.K.
To complete the online check, employers will enter the job applicant details on the “checker” side of the service on the Government website. They will need the applicant’s date of birth and the personal share code they will have received online.
For further information on immigration in the U.K., please contact the Sterling Lexicon immigration team.