New Right to Work Guidance

On 6th April 2022, UKVI issued updated right to work guidance for those beginning employment on or after that date.

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05/05/2022

The guidance confirms the following changes which took effect from 6th April 2022:

  • That an online right to work check is now mandatory for those with a Biometric Residence Permit or Card or those with Frontier Worker Permits. If an employer undertakes a manual check on any of these documents, they will not obtain a statutory excuse if it transpires that the employee did not have permission to work in the UK; and
  • New Digital Identity Checks have been introduced. These checks allow employers to work with certain approved digital identity service providers to undertake digital right to work checks for those with a current British or Irish passport (or Irish passport card). Manual checks will continue to be required for those with expired British and Irish passports or passport cards. Full details on the process and guidance relating to these checks can be found in the guidance.

The guidance also confirmed that the COVID-19 adjusted checks will now come to an end on 30th September 2022. This is to ensure employers have sufficient time to develop commercial relationships with identity service providers and to make the necessary changes to their pre-employment checking processes.

Full details of the changes can be found in the guidance here.