Right to work check guidance updated

IMPACT – MEDIUM

The Home Office has updated its guidance on right to work checks for eVisa and biometric card holders.

Key Points:

• As of Dec. 30, sponsors must use the Home Office view and prove service if an individual holds an eVisa only.
  • If an individual has been issued both an eVisa and a Biometric Residence Permit (BRP), the sponsor can choose which document to check.
  • More information on proof of status is available here.
• Beginning April 6, holders of the BRP, Biometric Residence Card (BRC) and Frontier Worker Permit (FWP) must demonstrate their right to work using the Home Office online service.
  • Employers will no longer be able to accept physical cards and the documents will be removed from the acceptable documents list used for in-person right to work checks.
  • Authorities will not require retrospective checks for biometric card holders who used their physical cards for checks before April 6, 2022.

Additional Information: The Home Office’s extension of temporary right to work checks are currently set to expire on April 5. If job applicants or existing workers cannot show their documents, employers must contact the Home Office Employer Checking Service. If individuals have a right to work, officials will send a “Positive Verification Notice” that provides a statutory excuse for six months from the date of the notice.

BAL Analysis: Employers and employees should take note of the guidance for eVisa and biometric card holders to ensure they adhere right to work check requirements. BAL will continue to monitor right to work check measures and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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