Changes to right to work checks
As of 6 April 2022, holders of a biometric residence card (BRC), biometric residence permit (BRP) or frontier worker permit (FWP) will only be able to evidence their right to work using the Home Office online service.
BRCs are provided to non-European Economic Area (EEA) family members of an EEA citizen.
BRPs are provided to individuals who apply to come to the UK or extend their UK visa for longer than six months, and to those who apply to settle in the UK.
FWPs are provided to EEA citizens who are resident outside the UK but are economically active (employed or self-employed) in the UK.
Currently, holders of BRCs, BRPs or FWPs can choose to evidence their right to work either by using the online service or by showing their physical card to their employer.
What does this mean for production teams?
From 6 April, BRCs, BRPs and FWPs will be removed from the lists of documents which can be used to conduct a manual right to work check. This means that production teams will no longer be able to accept physical cards as evidence of an individual’s right to work.
This change isn’t retroactive, so production teams won’t need to redo checks on biometric card holders who demonstrated their right to work using a physical card before 6 April.
Note that up to and including 5 April, individuals can continue to use physical cards to evidence their right to work (and can’t be made to use the online service).
These changes are set out in Annex E to the Home Office’s Employer right to work checks supporting guidance.
The current system for adjusted right to work checks as a result of the COVID-19 pandemic - which lets employers undertake valid right to work checks remotely - will remain in place until 5 April. The Home Office is expected to make an announcement on whether this system will be extended or made permanent before that date.
Keep on top of your right to work checks with the Production Portal
The Production Portal includes built-in functionality which allows you to track whose right to work has been confirmed so that you can complete all of your checks before anyone steps on set.
- Easily send reminders to anyone who hasn’t uploaded their documents and set up handy alerts so that you can complete your checks as soon as they do.
- Crew upload their supporting documents directly to the platform, so you’ll have a secure record. And because you retain access to your data even after you’ve wrapped, you can comply with the Home Office’s retention requirements and quickly find what you need in the event of an audit.
- To help with compliance, the platform captures the time and date of the approval, as well as the approver’s full name.
- You can also revoke right to work approvals if circumstances or documents change.
For more information on the Production Portal or to request a free demo, get in touch at email@example.com.