Matthew Lynch

+44 (0)20 3691 2074 malynch@greenwoodsgrm.co.uk

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Big changes to right to work checks from April 2022

Employment / 21 December 2021

The UKVI’s Right to Work Check guidance has been updated to change the way certain documents can be checked from 6 April 2022.

What has changed?
Under current rules, employers can undertake a Right to Work Check on the below documents by either conducting a check of the physical document or via the UKVI’s online system:

—  Biometric Residence Card (BRC)

—  Biometric Residence Permit (BRP)

—  Frontier Worker Permit (FWP)

However, from 6 April 2022 it will no longer be possible to conduct a physical check on these documents and this must only be done via the online system.

Employers will not need to conduct retrospective checks where they conducted a physical check before this date.

What does this mean in practice?
Employers will need to update their Right to Work Check processes and communications to ensure that all impacted checks are conducted via the online system only.

It is also recommended that training is given to those individuals responsible for conducting checks to ensure that they are familiar with the changes and understand what actions they need to take to ensure compliance with the requirements.

What next?
This announcement reflects the ongoing trend for the UKVI to move to a digital visa system wherever possible.

The date of the change also coincides with the expected end of the Covid-19 concession on conducting remote checks.

It was previously confirmed that UKVI were reviewing what technology they could use to allow a wider range of digital checks for individuals who are unable to rely on an online check, including British and Irish nationals.  As such, it is likely we will see further announcements over the coming months.

 

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This update is for general purposes and guidance only and does not constitute legal or professional advice. You should seek legal advice before relying on its content. This update relates to the prevailing circumstances at the date of its original publication and may not have been updated to reflect subsequent developments. If you have general queries about our updates, please email: mailinglists@greenwoodsgrm.co.uk

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