Biometric Residence Permits (BRPs) confirm a non‑UK national’s identity and immigration status and are central to UK right to work compliance. Employers must verify BRP holders online using a share code and date of birth; manual checks of the physical card have not been valid since 6 April 2022. Results must be retained, and follow‑up checks tracked for time‑limited permissions. From 1 January 2025, e‑Visas replace physical BRPs, making digital verification and updated HR processes necessary to avoid penalties, with further nuances explained next.
What Is a Biometric Residence Permit (BRP)?
A Biometric Residence Permit (BRP) is a Home Office-issued immigration document that confirms a non-UK national’s identity, biometric data, and permission to stay, work, or access services in the UK.
It serves as a physical card proving identity and immigration status across the UK. Successful applicants are usually given a 90-day entry vignette and must collect their BRP from a designated Post Office within two weeks of arrival.
Employers can use the BRP to conduct right to work checks and avoid civil penalties for illegal working.
From 1 January 2025, physical BRP cards will be replaced by the online e-Visa process, so holders should be ready to evidence their status digitally and keep their records up to date for compliant verification.
Why BRPS Matter for UK Right to Work Compliance
Biometric Residence Permits sit at the centre of right to work compliance because they evidence a non-UK national’s identity and permission to work and trigger the correct verification route.
BRPs give employers a clear basis to perform right to work checks that meet Home Office requirements, helping establish a statutory excuse against civil penalties.
Since 6 April 2022, physical BRPs are not acceptable documents for manual inspection, so employers must use online checks for holders of biometric documents.
BRP details guide which pathway applies and what records must be retained.
With digital e-Visas replacing BRPs from 1 January 2025, understanding how BRPs underpin compliant processes now supports a smooth shift, consistent record-keeping, and defensible hiring decisions.
Online Right to Work Checks for BRP Holders
Since 6 April 2022, right to work checks for Biometric Residence Permit (BRP) holders must be completed using the Home Office online service, not by inspecting the physical card.
Employers carry out an online check using the candidate’s share code and date of birth, generated via the gov.uk service, to view current immigration status and work permissions for 30 days. They must confirm the online photograph matches the person presenting for work and record the check date.
To maintain a statutory excuse, employers should keep a clear copy of the online result for the duration of employment plus two years.
Where an applicant cannot provide acceptable evidence, the Employer Checking Service should be used; a Positive Verification Notice grants a six‑month statutory excuse if its conditions are met.
BRP Expiry Dates and the 31 December 2024 Anomaly
Building on online right to work checks for BRP holders, employers now face the 31 December 2024 anomaly: physical Biometric Residence Permits show an end date of 31 December 2024 and cannot be used for right to work checks after that date, even if an individual’s underlying immigration permission runs beyond it.
This BRP expiry date reflects the UK’s move to the e-Visa system, not the person’s immigration status. From 1 January 2025, BRPs will no longer be produced, and checks must rely on digital records.
- Understand employer obligations: verify right to work checks align with e-Visa verification.
- Update policies to prevent non-compliance when BRP cards stop being valid evidence.
- Brief staff and candidates on Biometric Residence Permits converting to digital status.
- Schedule reviews ahead of 31 December to maintain uninterrupted compliance.
Using Home Office Share Codes and the Employer Checking Service
Share codes allow employers to view an applicant’s Home Office record securely and in real time. A potential employee creates a unique share code and provides it with their date of birth. The code is valid for 30 days and can be reused, supporting online checks via the Home Office “View a job applicant’s right to work details” service.
Employers must confirm the photograph matches the individual and keep a copy of the check result for compliance.
Where acceptable documents are unavailable, the Employer Checking Service can be used. If eligibility is confirmed, the Home Office issues a Positive Verification Notice, typically valid for six months, allowing employment during that period.
Employers should retain evidence of the online check or ECS response throughout employment plus two years.
Statutory Excuse and Record-Keeping Requirements
With online checks via share codes and the Employer Checking Service in place, the next step is to secure a statutory excuse through compliant record-keeping.
For holders of Biometric Residence Permits, employers must use the Home Office online service; physical cards are not acceptable. A positive verification response provides a statutory excuse against civil penalties, provided the employer keeps accurate evidence.
Records should include the date the check was made and a clear copy of the online result. Documentation must be retained for the duration of employment and two years after it ends.
This approach shows that the employer verified permission to work at the relevant time and followed legal requirements.
- Use the Home Office online service for every BRP holder
- Capture the check date and outcome
- Store records securely for mandated periods
- Retain evidence to mitigate civil penalties
Typical Employer Pitfalls and How to Avoid Them
Although the process is straightforward, employers often stumble on recurring issues that carry serious compliance risk.
The most common is relying on physical BRPs or manual document checks for BRP holders instead of the required online route. Since 6 April 2022, the Home Office mandates online checks for BRPs, and from 1 January 2025 physical BRPs will cease entirely.
Another pitfall is failing to diarise follow-up checks for time‑limited leave to remain, resulting in loss of the statutory excuse and exposure to a civil penalty.
Employers also mishandle a valid passport by assuming it proves the right to work without cross-referencing status.
To avoid error, follow current guidance, use the online service, retain clear check records, and train hiring teams.
Interactions With Other Screening: DBS, BPSS, BS7858 and FCA Checks
Right to work checks often sit alongside wider pre-employment screening.
Biometric Residence Permits link with DBS, BPSS, BS7858 and FCA regimes because each relies on strong identity verification and clarity on immigration status.
Since 6 April 2022, employers must check BRP holders online via the Home Office service; the physical card is not valid evidence.
Aligning this with security screening avoids gaps: BPSS confirms identity and employment history, BS7858 expands vetting for security roles, DBS checks criminal records, and FCA checks confirm fitness and propriety.
Coordinating these strands supports legal obligations, reduces risk, and readies processes for e-Visas by January 2025.
- Map process flows to include BRP online verification
- Cross-reference identity data across checks
- Record evidence and dates for audit
- Update policies for the e-Visa change
Remote Onboarding and Identity Verification Providers
Use remote onboarding by pairing the Home Office online right to work service with certified Identity Verification Technology (IDVT) to validate Biometric Residence Permits (BRPs) without in-person checks.
This approach lets employees prove status remotely via the digital check process, using a Home Office share code linked to their BRP record. Identity verification providers check document authenticity and confirm the claimant matches the record, reducing risk and delay.
Employers should select providers aligned to Home Office guidance, verifying identity to prescribed standards and retaining records for audit.
IDVT reduces manual handling of documents while supporting compliant right to work checks across dispersed teams.
Offer support to employees who struggle with technology or access, and keep communication clear on steps, timeframes, and acceptable evidence.
Practical Steps for HR Teams and Recruiters
Start by embedding the Home Office online right to work service into the hiring workflow for any candidate presenting a Biometric Residence Permit. HR should request a share code and date of birth, verify the result in real time, and capture evidence.
Record-keeping must cover the entire employment plus two years. Where a biometric residence card holder cannot provide valid details, the Employer Checking Service can issue a Positive Verification Notice so the check will continue lawfully.
Train staff on interpreting results, expiry dates, and follow-up dates, and seek legal advice for complex immigration scenarios. Always verify the person’s ID when conducting right to work checks and align processes with compliance policies to avoid civil penalties and confirm permission to work in the UK.
- Map roles and deadlines; assign check owners.
- Standardise screenshots and retention.
- Escalate anomalies via ECS promptly.
- Audit quarterly and refresh training.
Frequently Asked Questions
Is a Biometric Residence Permit Proof of Right to Work?
No. A Biometric Residence Permit on its own is not valid proof. Since 6 April 2022, employers must complete a Home Office online right to work check using the individual’s share code and date of birth, and confirm the photograph matches the person presenting it.
Does a Residence Permit Count as a Right to Work?
Yes—if it’s a valid UK Biometric Residence Permit confirmed via the Home Office online service, it shows permission to work. Physical BRPs haven’t been acceptable since 6 April 2022. By 1 January 2025, eVisas will replace BRPs. Reason: compliance.
What Is the Meaning of BRP in Right to Work?
A BRP in right to work means a Biometric Residence Permit, confirming a non-UK national’s immigration status. Employers must check it using the Home Office online service rather than the physical card and carry out follow-up checks before the document expires.
What Is the Purpose of BRP?
A BRP confirms immigration status and identity for secure checks. It is more than an ID card: it shows permission to work and study, access to services, and will move to eVisa verification from 2025.
Conclusion
In closing, BRPs play a key and changing role in Right to Work checks, with the shift to eVisas and mandatory online verification. Precision matters: civil penalties can reach £60,000 per illegal worker, a stark reminder to get checks right. Employers who align BRP use with share codes, ECS referrals, and diary‑driven repeat checks reduce risk. Integrating workflows with DBS/BPSS/BS7858/FCA processes and remote IDSP solutions supports defensible compliance while maintaining a smooth, auditable onboarding experience.
