The UK is transitioning from physical immigration documents, like Biometric Residence Permits (BRPs) cards, to a digital system known as eVisa. This shift is thought to simplify how visa holders prove their immigration status and streamline processes for both employers and employees.
The process for checking the right to work for new employees remains unchanged. New employees with visas should provide a share code and give consent for their employers to verify their right to work. They can generate a share code at www.gov.uk/prove-right-to-work. The employer must then perform an online right-to-work check using the tool at www.gov.uk/view-right-to-work.
For existing employees, the 31st December 2024 deadline pertains only to the expiry of the BRP, not the employee’s immigration status. The employer does not need to re-check an existing employee’s right to work solely due to their BRP expiring. However, now is a good time to review HR records to ensure you, as an employer, have not relied on a BRP for a right-to-work check conducted after 6th April 2022, as from this date onwards you should use Home Office online service to check your employee’s eligibility to work.
Some employees may need to verify their immigration status but do not possess a BRP. This often applies to those who have lived in the UK since before BRPs were introduced in 2015 and whose immigration status has not changed. These employees should seek legal advice to explore their options, which may include applying for British citizenship or obtaining a BRP before the 31st December 2024.
The eVisa system offers several benefits for both visa holders and employers. Visa holders can easily access their immigration status online through a UK Visas & Immigration (UKVI) account, enhancing security by reducing the risk of lost or stolen documents. The online process allows employers to verify an employee’s right to work using a share code and online checks. Employers should ensure their workforce is aware of the eVisa transition, update HR records, continue using online right-to-work checks, and advise employees with specific immigration concerns to seek legal guidance.
All BRPs will expire on 31st December 2024. It’s crucial for employees to transition to their digital status by this date to avoid complications, particularly when re-entering the UK after travel.
They must act promptly to create the UKVI account, which will display their eVisa. This can be done via the following link: https://www.gov.uk/get-access-evisa
Contact us today to learn more about how we can assist you in managing your employees’ transition to eVisa.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.