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New law: Employers prepare for online-only ‘right to work’ checks for certain non-British nationals

Author: Atom Content Marketing

Published: 01 Feb 2022

Employers are preparing for new rules requiring them to go online to check the right of certain non-British job candidates to work in the UK, in force from April 2022.

From 6 April 2022 employers can only check certain non-British nationals’ right to work online, using the Home Office right to work checking service. Manual checks of physical documents are no longer possible. The new rules apply where the individual holds a biometric residence permit, a biometric residence card, or a frontier worker permit.

New employees need to provide their date of birth and a ‘right to work share code’ (which expires after 30 days) generated by the Home Office system, that the employer can then use to carry out their online check.

The employer must continue to follow the Home Office guidance ‘Guidance An employer's guide to right to work checks: 16 December 2021’ when carrying out online checks, which means they must still be carried out before the new employee starts work. If the individual’s leave to work in the UK is time-limited a further right to work check must be made before that leave expires. A new Annex E has been added to the guidance, to explain the changes.

No retrospective checks are needed for individuals already employed on 5 April 2022.

Operative date

  • 6 April 2022


  • Employers should check out Annex E in the revised Home Office guidance on the GOV.UK website, change their procedures and train relevant staff ready for the new rules on 6 April 2022.

This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.

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