4 February 2022

A new system allowing employers to conduct online right to work (‘RTW’) checks on their migrant workforce is due to commence from 6 April 2022.  It will replace the temporary COVID-19 concession on RTW checks which will cease on 5 April 2022.

The Home Office is also due to unveil a new RTW check system for British and Irish citizens from 6 April 2022 (see below for further information).

Mandatory online RTW checks for certain individuals
From 6 April 2022, employers must carry out online RTW checks for individuals holding a biometric residence permit (‘BRP’), biometric residence card (‘BRC’) or frontier work permit (‘FWP’) using the Home Office’s online RTW check service. From this date, it will no longer be permissible to conduct RTW checks using a physical BRC, BRP or FWP.

To complete RTW checks for such individuals, employers will require the individual’s date of birth and a valid RTW share code, which the individual must generate using the online ‘Prove your right to work’ portal. The share code is valid for 30 days.

New RTW checks for British and Irish citizens
From 6 April 2022, a new online system for carrying out RTW checks will also be introduced for British and Irish citizens with a valid passport (including an Irish passport card). This will not involve the use of a share code (as above). Instead, individuals will be able to upload images of their passports via a certified Identity Service Provider (‘IDSP’) to verify their identity remotely and prove their eligibility to work.

It will be a legal requirement for employers and IDSPs to apply identity evidence verification criteria set by the Home Office whilst using these services. Employers must:

• ensure the IDSP is certified to the required standards;
• provide appropriate training and guidance to their staff; and
• discharge their duties in accordance with Home Office’s RTW complete identity evidence verification criteria and in accordance with existing wider RTW legislation and guidance.

Unlike the share code system which is free for employers to use (see above), the IDSP system for British and Irish citizens could cost employers between £1.45 to £70 per check. However, employers would not be mandated to use this system and could continue to carry out manual RTW checks on British and Irish citizens.

Retrospective checks
The new rules relate to RTW checks for employment commencing from 6 April 2022. Employers who have employed an individual and carried out a valid RTW check before 6 April 2022 will not be required to carry out a retrospective check in accordance with the new RTW check rules set out above.

Employers who have carried out a valid RTW before 6 April 2022 should establish or retain a statutory excuse from having to pay a civil penalty for employing a person who is not permitted to do the work in question.

Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.