Heads Up 1 April 2022

HEADS UP

Right to Work Check and Status Share Codes

The Home Office has announced that from 6th April 2022, the right to work of those who hold a biometric resident card (BRC), biometric residence permit (BRP) or frontier worker permit (FWP) can only be done online.  Notification of the change was made on 17th December 2021 in a new Appendix E to the Right to work checks: an employer's guide 

From 6th April 2022, employers must carry out a check for individuals holding BRC, BRP or FWP using the Home Office’s online right to work check service.  It will no longer be an option to complete a manual right to work check, presentation of a physical document will no longer be acceptable. 

This means that, from 6th April 2022, employers will no longer be able to accept or check a physical BRP, BRC or FWP as valid proof of right to work, even if it shows a later expiry date.  

Individuals using View and Prove must select one of three options for sharing their immigration status:  

  • To prove their right to rent in England 
  • To prove their right to work in the UK 
  • For another reason 

Each share code can only be used for the purpose it was originally selected for.  For example, a share code generated to prove an individual's right to work can only be used in the 'View a job applicant's right to work details' online service.  If the same code is entered into the 'View a tenant's right to rent in England' service, the share code will not work. 

All share codes now begin with a letter denoting the purpose it can be used for: 

  • 'R' - this will indicate that the share code has been generated by an individual to evidence their right to rent. 
  • 'W' - this will indicate that the share code has been generated by an individual to evidence their right to work. 
  • 'S' - this will indicate that the share code has been generated for another reason other than rent or work. 

This will enable employers to be confident that the correct share code has been generated and avoid confusion when using the services. Share codes will continue to work in the same way.  They will always be 9 characters long.  On receipt of the share code, employers should continue to use the 'View a job applicant's right to work details' online service.  

What are right to work checks?  
 
Employers must check that all job applicants have a lawful immigration in the UK before entering into employment, to avoid being liable for a civil penalty.  
 
There are two types of right to work checks: an online check and a manual check. The type of check employers are required to conduct will depend on the status of the job applicant.  
 
An online right to work check is required for all BRC, BRP and FWP holders, as well as individuals who only hold digital proof of their immigration status in the UK.  
 
To carry out an online right to work check, employers will need the applicant’s date of birth and their share code, which they will have obtained online. For further information for employers on how to use the online services, guidance is available on GOV.UK:  
 
Employer right to work checks supporting guidance 
To complete the online right to work check, employers will enter the job applicant’s details by visiting the ‘checker’ side of the service on GOV.UK: 
 
View a job applicant's right to work details  
 
Updated guidance on how to conduct a right to work check on BRC, BRP and FWP holders from 6 April 2022 will be published shortly on GOV.UK. 

 

 

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