UKVI has introduced new right to work guidance on how to prevent illegal working and avoid a civil penalty.
The new guidance clarifies:
- that the right of appeal has been removed from most immigration decisions. Instead of going through an appeal process, migrants will be given the opportunity to apply for an “Administrative Review”. Where an Administrative Review is in progress, the Employer Checking Service can be used to establish whether or not the migrant has a right to work;
- Biometric Residence Permits (BRPs) are being rolled out to applicants from overseas. These must be collected in the UK within 10 days of arrival and shown to the employer before employment commences. If the migrant is unable to collect their BRP before employment commences, the employer will have to carry out an additional check. This is of the migrant's visa (which is limited to 30 days and is required before employment commences); and then the BRP. In both cases, the BRP must be collected within the 10-day period.
- residence cards (biometric format), which resemble a BRP, are being introduced for non-EEA family members of EEA nationals and a new process for issuing a Certificate of Application will apply.