Right to work checks guidance changes

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21/12/2021

On 17 December 2021, the government published its updated Right to Work Checks guidance. The new guidance is available here.

Updated Right to Work Check guidance

The key changes in the guidance relate to non-EEA family members of an EEA or Swiss national who have not applied to the EU Settlement Scheme in time (by 30 June 2021).   The guidance clarifies that the temporary process that is in place enables those family members (as well as EEA citizens) to be employed in specific circumstances if they have reasonable grounds for missing the deadline for the EU Settlement Scheme and if they make an application to the EU Settlement Scheme late.   Full details of how employers can carry out a right to work check for such individuals are contained in the guidance.

The new guidance has also added a new Annex E describing changes to how employers should carry out right to work checks for those with biometric cards and frontier worker permits.

  • The guidance clarifies that right to work checks will change for holders of biometric residence cards, biometric residence permits and frontier worker permit. The guidance sets out how these checks are to be completed up to and including 5 April 2022 and how these checks will be completed from 6 April 2022.
  • The principal change is that from 6 April, physical cards will no longer be acceptable as evidence of an individual's right to work in the UK so manual checks will no longer be permitted. Employers will only be able to use the Home Office online service to complete their right to work checks from 6 April 2022. Further details can be found here.

Employers carrying out right to work checks should always consult the most recent guidance available on the website.

21 December 2021