Changes to Right To Work Checks
The way in which Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders evidence their right to work is changing.
A Biometric Residence Card is provided to non-EEA family members of an EEA citizen. More information about applying to the EU Settlement Scheme as a family member is available on GOV.UK.
A Biometric Residence Permit is provided to individuals who apply to come to the UK or extend their UK visa for longer than 6 months, and to those who apply to settle in the UK. More information about Biometric Residence Permits is available on GOV.UK.
A Frontier Worker Permit is provided to EEA citizens who are resident outside the UK but are economically active (employed or self-employed) in the UK. More information about Frontier Worker Permits is available on GOV.UK.
Right to work checks on biometric card holders up to and including 5 April 2022
BRC, BRP and FWP holders can currently choose to use either the Home Office online service or their physical card to evidence their right to work to an employer.
Up to and including 5 April 2022, employers can continue to conduct manual checks on physical cards for evidence of a right to work.
During this time, employers cannot insist individuals use the online service, and should not discriminate against those who wish to use their physical card. Employers can, however, ask individuals if they would like to use the online service.
Right to work checks for biometric card holders from 6 April 2022
From 6 April 2022, BRC, BRP and FWP holders will evidence their right to work using the Home Office online service only. Employers will no longer be able to accept physical cards for the purposes of a right to work check even if it shows a later expiry date. BRCs, BRPs and FWPs will be removed from the lists of acceptable documents used to conduct a manual right to work check.
Retrospective checks will not be required on biometric card holders who, before 6 April 2022, used their physical card to demonstrate their right to work. Employers will maintain a statutory excuse against any civil penalty if the initial checks were undertaken in line with the guidance that applied at the time the check was made.
If an employer chooses to undertake a retrospective check and identifies an existing employee who no longer has a right to work, they are required to take the appropriate action. If the employee is an EEA citizen or non-EEA family member, further information on what steps to take is available at pages 46 – 47 in Annex B of An employer’s guide to right to work checks.