Since July 2015, visa holders have been provided with a Biometric Residence Permit (BRP), a physical card equipped with a chip that stores their biometric data and confirms their identity and immigration status. However, the Home Office is now transitioning from BRPs and other traditional immigration documents to a streamlined digital proof of immigration status known as an eVisa.
Many EU nationals and their families, who hold settled or pre-settled status under the EU Settlement Scheme or who applied using the 'UK Immigration: ID Check' app, are already experiencing the benefits of this digital transformation.
This innovative system is now extending to all visa holders. If you rely on a physical immigration document and haven't yet created a UK Visas & Immigration (UKVI) account, it's time to take action. Visit www.gov.uk/evisa to set up your account and embrace the future of digital immigration status.
Employing Overseas Workers
Your employees will need to take action to ensure they can continue to prove their immigration status and to ensure they do not encounter any travel disruption at the UK border. As all BRPs expire on the 31st of December 2024, employees must act now to obtain their digital status.
For new employees, the way you check right to work will not change. You should continue to ask new employees who hold a visa to provide a share code and give consent for you to check their right to work. They can generate a share code at: www.gov.uk/prove-right-to-work You must then carry out an online right-to-work check as you are doing currently, using the tool at: www.gov.uk/view-right-to-work
For new employees, the way you check right to work will not change. You should continue to ask new employees who hold a visa to provide a share code and give consent for you to check their right to work. They can generate a share code at: www.gov.uk/prove-right-to-work You must then carry out an online right-to-work check as you are doing currently, using the tool at: www.gov.uk/view-right-to-work
For existing employees, the expiry date of 31st December 2024 is only the expiry date of the BRP, not the employee's underlying immigration status.
You do not need to re-check an existing employee's right to work solely because their BRP is due to expire. However, now is a good time to review your HR records to check that you have not relied on a right-to-work check using a BRP after 6 April 2022.
There are no changes to how you check right to work for British and Irish employees.
How will eVisas impact your current employees?
It's essential for employees holding a BRP to act promptly. They need to create a UKVI account, which will display their eVisa.
Failure to register for a UKVI account and access their eVisa by the 31st of December 2024 could lead to complications when re-entering the UK after travelling abroad.
What if an employee does not possess a BRP?
There are a few individuals who may need to verify their immigration status but do not have a BRP. This often applies to those who have resided in the UK since before the introduction of BRPs in 2015 and whose immigration status has remained unchanged.
Employees in this situation should seek legal advice to explore their immigration options. They might be eligible to apply for or register as British citizens. Alternatively, they could consider applying for a BRP before the deadline of 31st December 2024 to facilitate the setup of an eVisa.
What should I tell my employees about eVisas?
You should inform your employees about the transition to eVisas and emphasise the importance of acting now to avoid any immigration status or border issues in the UK after the 31st of December 2024.
You can help your employees navigate the upcoming move to eVisas. Here are some steps that you can take now to minimise the risk of any issues:
- Consider your communications strategy – make use of our resources
- Review your HR processes to ensure right-to-work checks are up to date.
- Advise any employees without a BRP to take legal advice early.
Seek Corporate Immigration Assistance
For comprehensive support and advice on Corporate Immigration Assistance, sponsor licences, skilled worker and health and care visas don't hesitate to seek expert guidance.