When a worker's Biometric Residence Permit (BRP) is approaching its expiry date, you must conduct a follow-up right-to-work check before the BRP expires. Since April 2022, BRP holders must prove their right to work using the online share code service — not by showing you the physical card. If the card expires without a new check, your statutory excuse lapses.
What is a Biometric Residence Permit?
A Biometric Residence Permit (BRP) is a physical card issued by the Home Office to non-UK nationals who have been granted leave to remain in the UK for more than 6 months. It contains the holder's biometric data (photograph and fingerprints), their name, date of birth, nationality, immigration status and the expiry date of their leave.
BRPs are issued to holders of visas including:
- Skilled Worker visa
- Student visa
- Family visa
- Spousal visa
- Graduate visa
- Indefinite leave to remain (ILR)
Workers with a BRP have the right to work in the UK — but for most BRP holders, that right is time-limited and expires on the date shown on the card.
Important: BRP holders must use the online share code service
Since 6 April 2022, you cannot accept a physical BRP card as evidence of right to work. Instead, the worker must generate a share code using the UKVI online service, and you must check it at gov.uk/view-right-to-work.
This means:
- Do not photocopy the BRP card as your right-to-work evidence
- Do not use the BRP card expiry date as your sole record of when to re-check
- Always use the online share code check — the share code result is the legally valid evidence
Why the change? BRP cards were replaced as the primary evidence method because they could be forged and because the online service provides real-time status — including any conditions on the right to work that the card may not reflect.
When to act: BRP expiry approaching
90 days before BRP expiry
Check your records. If a worker's BRP is expiring in 90 days, start preparing. At this stage, you do not need to take action immediately, but you should:
- Confirm the worker is aware their BRP is expiring
- Remind them they will need to either renew their visa or obtain a new immigration status before the expiry date
30 days before BRP expiry
The worker should now have either:
- Received a new visa (in which case they can generate a new share code immediately)
- Submitted an in-time visa extension application (in which case Section 3C leave may apply)
Ask the worker for their current status. If their new visa has been granted, ask them to generate a share code now so you can complete the follow-up check well before expiry.
Before the BRP expiry date
Complete the follow-up right-to-work check before the card expires:
- Worker generates a share code at gov.uk/view-prove-immigration-status
- You check the share code at gov.uk/view-right-to-work
- Screenshot the result, note any new expiry date, update your records
- Set a reminder for the next check if the new permission is still time-limited
What if the worker has applied to extend their visa but it has not yet been decided?
If the worker submitted a valid in-time visa extension application before their current leave expired, they are likely to have Section 3C leave — a statutory continuation of their previous leave while the application is being processed.
In this situation:
- You cannot verify right to work from a share code or BRP (the share code will show the old permission)
- You must contact the Employer Checking Service (ECS) at gov.uk/employee-immigration-employment-status
- The ECS will issue a Positive Verification Notice (PVN) if the worker has the right to work
- The PVN gives you a 6-month statutory excuse from the date of issue
- You must conduct a follow-up check when the PVN expires
Do not allow the worker to stop working while you wait for the ECS response — as long as the application was in-time, they are likely entitled to continue working.
What if the BRP has already expired before you noticed?
If a worker's BRP has already expired and you have not conducted a follow-up check:
- Check whether they have a new visa or status — ask the worker immediately
- If they have a new visa, ask for a share code and complete the check as soon as possible. Your statutory excuse has lapsed for the period since expiry, but completing the check now limits the gap.
- If they do not have a current right to work, you must stop work immediately and seek legal advice.
- Do not dismiss without advice — the employment situation may be complex if there is a pending application or appeal.
The key risk is continuing to employ someone after their right to work has expired without a new check in place. Every day without a valid check is a day without a statutory excuse.
ILR (Indefinite Leave to Remain) — a special case
Some workers with a BRP have Indefinite Leave to Remain (ILR) — a permanent right to live and work in the UK with no expiry. For ILR holders, even though the BRP card itself has a physical expiry date (BRP cards must be renewed every 10 years for travel purposes), the ILR status itself does not expire.
For right-to-work purposes: when you conduct an online check for an ILR holder, the result will confirm their unlimited right to work with no expiry date. You do not need to conduct a follow-up check solely because the physical card has expired — the ILR status is permanent.
However, you should still check via share code (not the physical card) to confirm the current status — in case anything has changed.
Frequently asked questions
Can I still accept a BRP card as proof of right to work? No. Since 6 April 2022, you must use the online share code service for BRP holders. Accepting the physical card as your evidence is not a valid right-to-work check and does not give you a statutory excuse.
What is the difference between a BRP and a BRC (Biometric Residence Card)? A BRP (Biometric Residence Permit) is issued to non-EEA nationals with leave to remain. A BRC (Biometric Residence Card) was issued to EU/EEA nationals with settled or pre-settled status — but BRCs are no longer issued. Both types of holder must now use the online share code service.
The worker's BRP shows "No time limit" — do I still need to re-check? If the BRP shows ILR (Indefinite Leave to Remain) or no time limit, you do not need to conduct a follow-up check. Conduct the initial check via share code, record the result (which will confirm unlimited right to work), and no further checks are required.
The worker says they cannot generate a share code — what do I do? The worker should contact the Home Office UKVI helpline: 0300 790 6268 (Monday–Friday, 9am–4:45pm). If their account access is blocked or their status is unclear, the Employer Checking Service may be the appropriate route.
Does a new BRP card automatically trigger a new right-to-work check? No — but it is good practice to update your records when you know a worker has received a new BRP. The key trigger for a follow-up check is the expiry of the worker's permission to work, not the issuance of a new card.