From 1 January 2025, the UK’s new eVisa system will replace physical documents, including Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), vignette stickers and stamped endorsements, as proof of immigration status.
Individuals holding these documents are required to register for a UKVI account before this deadline to access their eVisa. The account will enable them to generate share codes for employers to verify their immigration status.
Impact on Repeat Right to Work Checks
With the introduction of eVisas, UK employers must understand when repeat right to work checks are required for employees holding biometric cards, such as Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), and Frontier Worker permits.
1. Manual Check Performed Before April 2022
BRPs and BRCs issued since 1 January 2020 generally expire on 31 December 2024. Where these documents were relied on for a physical document check before 6 April 2022, the employer must complete a new online right to work check for that employee before 31 December 2024 to retain the statutory excuse.
2. Online Check Performed After April 2022
For online checks completed after 6 April 2022, no further action is needed if the employee’s immigration permission extends beyond 31 December 2024. The online check, which captures the immigration permission expiry, suffices for compliance. However, employees may need to set up a UKVI account for future requirements. Our FAQs explain what BRP holders need to do to transition to an eVisa.
3. Pre-settled Status Holders
Employers are no longer required to carry out repeat checks for employees with pre-settled status; an initial check before employment begins is sufficient.
Advice for Employers
Ahead of the digital system taking full effect, employers should review their right to work procedures to ensure compliance, notably in relation to the rules for BRP holders.
1. Review HR Processes & Systems
Employers should update their HR processes and systems to ensure their teams are prepared to verify right to work status using digital checks instead of physical BRP cards. It’s essential that HR staff familiarise themselves with the Home Office’s online checking system for eVisas.
Adjusting internal Right to Work procedures is also important to accommodate the new digital checks. Employers may consider integrating solutions like Rightcheck, which is already equipped for eVisa verification, to reduce errors and streamline compliance efforts.
2. Supporting Your Workforce
Although employers do not have any direct obligation or responsibility for transitioning employees to the eVisa system, it will be beneficial to be proactive in supporting your workforce to understand the changes and take the necessary action, to avoid potential issues with immigration compliance. This could involve reviewing personnel records to identify those employees with BRP cards and inform affected employees (and candidates) about the switch to digital verification. Encourage them to set up their UKVI account in advance of the 31 December 2024 deadline and signpost to Home Office resources for more information on creating a UKVI account and understanding how to generate share codes for proof of their immigration status.
Need Assistance?
Employers should regularly audit right to work processes and records, ensuring compliance with the latest regulations. For guidance on any aspect of right to work and immigration compliance, including how to ensure compliance under the new digital eVisa system, contact our specialists.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
