Does a Biometric Residence Permit (BRP) give me the right to work in the UK?

11 Nov 2022, 46 mins ago

A Biometric Residence Permit (BRP) is proof of your permission to be in the UK. Whether a BRP can also be used as proof that you have the right to work in the UK will depend on the type of visa you have been granted.

Some visas permit work but, depending on the type of visa you have, you may be restricted regarding the companies you can work for, the type of work you can do or the hours you are permitted to work.

For example, with a Skilled Worker visa you are only permitted to work for your sponsor in the role that you have been sponsored to do. There are some exceptions to this but it all depends on the type of additional work you will be carrying out and your working hours.

On a Student visa, you may be permitted to work 20 hours during term-time and full-time outside of term-time. However, some Student visas do not permit working at all, regardless of whether it takes place during or outside of term-time.

On a Spouse visa, there are no restrictions on your ability to work during the validity of your visa.

It is therefore important to know whether the type of visa you hold permits work, as a BRP alone is not enough to give you the right to work in the UK. Your employer will also need to carry out a valid right to work check before you are able to start working. We have discussed how to conduct a valid right to work check using a BRP in our previous blog.

Can I work if I do not have a BRP?

If you have permission to be in the UK but you do not hold a BRP, you may still be able to work, but it will depend on a number of factors.

For example, nationals of certain countries, such as the US or countries within the EU, are no longer being issued with BRPs, and instead they are being granted an electronic visa status (EVS). With an EVS, your permission to be in the UK (and work, potentially) will be accessible online only.

Another example is in relation to individuals who hold an Indefinite Leave to Remain (ILR) stamp in expired passports. In these circumstances, if you started working for your current employer before 16 May 2014, and a valid right to work check was undertaken, you do not need a BRP to continue working for your employer. However, if you are starting a new role, you will need a BRP in order to prove your right to work in the UK.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in dealing with all aspects of UK Visa applications. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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