Search

How can we help?

Icon

Upcoming changes to Right to Work checks

The Home Office has announced an upcoming change in the way right to work checks are to be conducted for Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders.

Starting on 6 April 2022, BRC, BRP and FWP holders will have to evidence their right to work in the UK by using the Home Office online service and will no longer be permitted to provide physical immigration documents to their employers as evidence of their right to work in the UK.

Retrospective right to work checks will not be required for those BRC or BRP holders who were employed up to and including 5 April 2022, with employers maintaining a statutory excuse against a civil penalty so long as the initial right to work checks were carried out in line with the guidance in effect at that time.

Those BRC, BRP, or FWP holders starting a new job on 6 April 2022 or later must use the Home Office online service to prove their right to work to their employer, even if their BRC/BRP/FWP shows an expiry date later than 6 April 2022.

This announcement follows on from the Home Office’s decision to give its final extension of the end date for temporary adjusted right to work checks, which should be on 5 April 2022.

Shortly after the UK went into its first national lockdown in March 2020, the Home Office put a temporary concession in place allowing for right to work checks to be conducted remotely, enabling employers to accept emailed copies of right to work documents which are verified over video calls with the employee/potential employee. Due to the unpredictable nature of the Covid-19 pandemic, the end date for this temporary concession has been delayed numerous times.

Retrospective right to work checks will not be required for those BRC or BRP holders who were employed up to and including 5 April 2022

The Home Office has boasted about the high level of positive feedback received from employers who are happy with being able to conduct right to work checks remotely under the temporary adjusted procedure, so it is no coincidence that the Home Office has taken the decision to scrap in-person physical document checks and digitise the process, and that this change will be in effect from 6 April 2022; one day after the temporary adjusted right to work concession comes to an end.

As with all types of technology, no system is perfect, and there may be circumstances where the Home Office online service may not be able to verify an employee’s right to work. In these cases, an employer must use the Home Office Employer Checking Service (ECS), which will provide the employer with a time-limited statutory excuse against a civil penalty.

Covid-19 has changed the workplace , and the Home Office has also had to adapt to this increasingly remote world of work. We are seeing the Home Office accept emailed copies of documents across all types of immigration categories. It is unclear whether this is a reactionary measure or whether the Home Office will make their requirements for documents more stringent once the world comes out of this pandemic, whenever that may be.

Further information

Our business immigration team has a wealth of experience in the provision of immigration services to all manner of corporate clients. Find out more about our business immigration lawyers.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

Pub
  • 15 October 2026
  • Privacy and Data Protection

Data breaches and ICO investigations: Responding with confidence

In this podcast Harry Berryman and Zahra Navarro discuss recent ICO enforcement action, common causes of data breaches, and the practical steps organisations should take to respond effectively when incidents occur.

art
  • 14 October 2026
  • Litigation and dispute resolution

London Court of International Arbitration v International Chamber of Commerce: Key differences

Compare LCIA and ICC arbitration rules, costs, confidentiality provisions and expedited procedures. Learn the key differences between these leading international arbitration institutions and how to choose the right option for your commercial dispute.

art
  • 09 October 2026
  • Employment

Neurodiversity, probation and unfair dismissal: What employers need to know

The next few years are introducing landmark changes to employment law in the UK, under the Employment Rights Act 2025. Part of these changes include the amendments to rights to unfair dismissal, reducing the qualifying period for this right to six months.

art
  • 08 October 2026
  • Commercial Real Estate

Packing up rate mitigation – The end of ‘box shifting’?

What is box shifting and how does it affect property owners and tenants? We examine the Court of Appeal’s decision in City of London v 48th Street Holdings and its implications for intermittent occupation, business rates and lease arrangements.

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.