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The employer guide is clear that where a person has time-limited permission to work, the employer should carry out a follow-up check shortly before that permission ends. The same guidance states that it applies to checks conducted on or after 12th February 2025 for the purpose of establishing or retaining a statutory excuse.
A second point often gets missed in practice. Physical, expired BRPs are no longer acceptable proof of Right to Work. Where someone with continuing permission uses an expired BRP to access their digital status, the statutory excuse comes from the online Right to Work check, not from inspecting the old card.
| Scenario | What the employer needs to do |
|---|---|
| Worker has time-limited permission | Carry out a follow-up check before the permission ends |
| Worker presents an expired BRP | Use the Home Office online service where the person can access their digital status |
| Existing employee needs a repeat check after 1st October 2026 | Apply the same fair and consistent process expected under the draft code |
| Rechecks are handled differently across teams | Centralise ownership, reminders and evidence retention |
This is where routine admin becomes compliance risk. Repeat checks are already tied to statutory excuse, and from October 2026 they will sit inside the same draft code that covers fair and non-discriminatory handling of Right to Work checks more broadly.
Sources: Employer’s guide to Right to Work checks, employer awareness research and the draft code of practice.
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This is the fourth in a 6-part series. You can subscribe here to be notified of future changes to Right to Work Compliance based on HMRC updates and Gov.uk sources.
You can also find the other parts here:
- Click here for part 1 on how the Home Office’s draft 2026 code shifts Right to Work compliance.
- Find out how Right to Work is moving beyond employees in part 2 here.
- In part 3, we covered how digital-only Right to Work journeys can leave gaps.
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