Changes to Right to Work checks for Biometric Card Holders
01 February 2022
The government has updated its guidance, to confirm that from 6 April 2022, the evidence required for right to work checks is changing for foreign nationals who hold the following;
- Biometric Residence Cards
- Biometric Residence Permits, or
- Frontier Worker Permits
These individuals will no longer be able to produce their physical card as proof of Right to Work but will instead have to use the Home Office online service.
Retrospective checks will not be required on biometric card holders who used their physical card to demonstrate their right to work before 6 April 2022. Employers will maintain a statutory excuse against any civil penalty where a Right to Work check was undertaken in line with the guidance that applied at that time.
Click here to read more about the introduction of digital Right to Work checks.
Aspire Comment:
The changes appear to be another step in the direction of a fully digital Right to Work system and many employers will be supportive of this announcement, which will further reduce the need for some prospective employees to produce physical documents.
It is essential that employers remember that prior to 6 April 2022, they cannot insist prospective employees use the online service and should not discriminate against those who wish to use their physical card.
If you have any questions about how to carry out a Right to Work check or wish to discuss implementing a Right to Work policy or carrying out staff training on this topic, give us a call on 0121 445 6178 or email us at enquire@aspirepartnership.co.uk.