GOV.UK: An Employers Guide to Right to Work Checks

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PCIAW News

We are writing to inform you ‘An Employers Guide to Right to Work Checks’ has been updated to reflect the change in legislation due to come into force on 6 April 2022.

This updated guidance is available in draft on GOV.UK.

Points of note in this updated guidance include:

  • changes in the way Biometric Residence Card Biometric Residence Permit (BRC/BRPs) and Frontier Worker Permits (FWPs) holders prove their right to work
  • changes to the lists of acceptable documents (Annex A):
    • the removal of current documents issued by the Home Office to a family member of an EEA or Swiss citizen, which indicated that the holder had permission to stay in the United Kingdom
    • amendments to List A and B, group 1 to remove Biometric Immigration Documents (Biometric Residence Permit) issued by the Home Office
    • amendments to List B, group 1 to remove frontier worker permits issued under regulation 8 of the Citizens’ Rights (Frontier Workers)(EU Exit) Regulations 202.
    • addition to List B, group 2 of a Certificate of Application (CoA) digital or non-digital confirming a valid application to the EUSS on or after 1 July 2021 together with a Positive Verification Notice (PVN) from the Employer Checking Service (ECS)
    • amendments to List B, group 2, document no 3 to include an application for leave to enter or remain under Appendix EU to the Isle of Man Immigration Rules and removal of reference to applications submitted on or before 30 June 2021.
  • information on sponsored work and student categories (Annex C)
  • changes and further guidance to enable employers to use Identity Service Providers (IDSPs) to carry out digital identity verification as part of a right to work check (Annex D)
  • extension to the COVID-19 temporary adjusted right to work checks until 30 September 2022 (Annex E)

The updated right to work codes of practice, which accompany this legislation change are also available on GOV.UK.

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