Apr 06 2022
Corporate Immigration, UK Immigration
You may find that if you have recently been granted leave, particularly Indefinite Leave to Remain, you were probably issued with a BRP with an expiry date of 31 December 2024 – even if your period of leave extends beyond that date.
In recent years, the Home Office has been progressing its plans to digitise your immigration status information. The new online service is currently called ‘view and prove your immigration status’ and can be found on the gov.uk website.
Currently you can only use this service if you have been expressly told you can. In order to do so you will get a ‘share code’ to prove your status to employers and other relevant parties. You will be able to update your personal details, such as email addresses and passport numbers, online, as well as check what rights you have in the UK, for example – your right to work, rent or claim benefits.
The government have recently confirmed that by 1 January 2025, no individual will need a BRP and instead, everyone will be able to use this online system. As a result, many BRPs are being issued with an expiry date of 31 December 2024. Note that this does not mean that your leave will become invalid after 31 December 2024. If you have the right to remain in the UK beyond this date, that right will continue until the expiry confirmed on your Home Office approval letter. In due course you will be able to access and evidence your leave to remain in the UK using this online system.
Further updates about how this will work in practice will be released by the government in 2024.
For now, the online system is being rolled out for right to work checks in April of this year.
On 17 December 2021, the Home Office announced that as of 6 April 2022, you will no longer be able to present physical BRPs as evidence of your right to work in the UK. Instead, you must evidence your right to work using the Home Office’s online service, by providing your employer with a share code. Your employer will use this share code, along with your date of birth, to access the employer section of the online service.
As an employer, you should be checking the online system to confirm that the photograph on the profile is of the individual presenting themselves for work (which should be done in the presence of the employee in question). Employers will not need to conduct retrospective checks on individuals who present physical BRPs up to and including 5 April 2022.
Online Right to work check are explored in greater detail in our blog here.
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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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