[co-author: Ryann Stout]

On December 17, 2021 the UK Home Office announced changes to the way in which Biometric Residence Card (BRC), Biometric Residence Permit (BRP), and Frontier Worker (FWP) holders can demonstrate their right to work. Starting from April 6, 2022, BRC, BRP, and FWP holders will need to use the Home Office online service only in order to show their right to work in the UK. Presentation of a physical document will no longer be acceptable. Based on this change from April 6, 2022 onwards, employers will no longer be able to accept or check a physical BRP, BRC, or FWP as valid proof of right to work, even if it shows a later expiration date.

The Home Office has also confirmed that employers do not need to carry out retroactive right to work checks with the online system for BRC or BRP holders who were employed prior to and including April 5, 2022. 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.

We recommend to review and follow all Home Office guidance regarding right to work checks on an ongoing basis to ensure full compliance (see here).

Updated guidance on how to conduct a right to work check on BRC, BRP, and FWP holders from April 6, 2022 will be published shortly on GOV.UK.