The Home Office’s UK Visas & Immigration (UKVI) department confirmed the ways in which employers will be able to check a prospective employee’s right to work in the UK from April 6, 2022.
Key highlights:
- From 6 April 2022, BRC, BRP and FWP holders will evidence their right to work using the Home Office online service only. Employers will no longer be able to accept physical cards for the purposes of a right to work check even if it shows a later expiry date. BRCs, BRPs and FWPs will be removed from the lists of acceptable documents used to conduct a manual right to work check.
- Retrospective checks will not be required on biometric card holders who, before 6 April 2022, used their physical card to demonstrate their right to work. 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.
- If an employer chooses to undertake a retrospective check and identifies an existing employee who no longer has a right to work, they are required to take the appropriate action. If the employee is an EEA citizen or non–EEA family member.
- Employers must use the services of a certified IDSP. This ensures that trust in the IDSP is founded on compliance with the rules of the Schemes. If employers choose to undertake digital identity verification using their own processes, they will be required to undergo certification as an IDSP.
- Certified IDSPs are approved companies responsible for validating the identity of a prospective employee on behalf of an employer (with the employer becoming a ‘relying party’ in that transaction). Certification will align to the requirements and standards set out in the UKDIATF.