If you apply for a UK work visa from outside the UK, you may need to start your new role with your employer prior to being issued with a Biometric Residence Permit (“BRP”). A BRP holds biometric data and is proof of your immigration status in the UK.
If you begin your new role before you are able to collect your BRP card from the designated post office, you may still be permitted to commence your employment. Your employer is required by the immigration rules to carry out a valid right-to-work check before they can let you commence your employment, and this often requires you to have your BRP card number to generate a share code. However, if your BRP card isn’t available to collect from the post office, or if your BRP card has incorrect information and you have applied to amend the errors on your card, you can still begin employment if a temporary right-to-work check is carried out on your visa vignette by your employer. This can be done by your employer following the below steps:
Step 1: Obtaining your original current passport endorsed with a visa stamp showing that you have been granted leave to enter the UK to work.
Step 2: Checking that the documents are genuine and that you, the prospective employee, is the rightful holder, and you are allowed to do the type of work in question.
Step 3: Making a clear copy of each document (such as passport, visa vignette page etc.) in a format which cannot be altered manually and retaining the copy securely: electronically or in hardcopy for the staff folder. They must also retain a secure record of the date on which they conducted the check.
Step 4: Conducting a further right-to-work check after you collect your BRP card. This can be completed by using the online right-to-work form: Employee’s Right-to-Work check. You must provide your employer with a share code by completing the online form with your BRP number and date of birth using this link: Prove my Right to Work.
Employer Checking Service
If, for any reason, your BRP is not available for collection beyond the expiry of your visa vignette in your passport, your employer must carry out a further right-to-work check by using the online Employer Checking Service. Instructions on how to use this platform are detailed in our previous blog linked here: Employer Checking Service.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. 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 Twitter, Facebook, Instagram, 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.