The Home Office has announced changes to how employers undertake right-to-work checks with effect from 6 April 2022.
Currently, non-UK/Irish nationals who hold either biometric residence cards (BRC), biometric residence permits (BRP), or frontier worker permits (FWP) can demonstrate their right to work in the UK by either showing their physical cards or through the Home Office’s online service. From 6 April, they will only be able to demonstrate their right to work through the online service. Employers will no longer be able to accept physical cards for the purposes of a right to work check.
Checks for British and Irish citizens
From 6 April 2022, legislation will be in force to enable employers to use Identity Service Providers (IDSPs) to carry out right-to-work checks on their behalf, under a digital identity document validation technology (IDVT).
Consequences of non-compliance
There are severe sanctions if right to work checks are done incorrectly and your organisation employs illegal workers. These sanctions can apply to the organisation as a whole and individuals involved in the recruitment of illegal workers, whether this is done knowingly or negligently, and can include imprisonment and unlimited fines. By undertaking right-to-work checks in line with prescribed guidance, before a prospective employee starts work with you, you ensure your organisation has a statutory excuse against negligently employing an illegal worker. Employers should be amending policies and procedures to take account of the new changes, and ensuring that everyone involved in undertaking right to work checks has appropriate training in the new regime.
Understanding your options
The majority of skilled migrant workers expect to be sponsored by their employer to enable them to work in the UK. We can advise on all aspects of the sponsor licence application and support you through this process. With our help you can also understand whether any alternative options exist to enable you to employ your prospective employee without sponsorship.
