Preparing for right to work checks during the transitional period to the new eVisa system

Biometric Residence Permits (BRPs) are set to be phased out by the end of 2024 in favour of a new eVisa system, as part of the Home Office’s initiative to transition to a fully digital immigration status system. This shift offers several benefits:

• You will no longer have to worry about losing your BRP card or managing physical documents;
• All your immigration information will be stored in one place; and
• When traveling, you will only need your passport, as your eVisa account will be directly linked to your national passport.

Gherson has outlined everything employers must do to comply with the new digitization and right-to-work checks.

The government has mandated that employers continue to conduct right to work checks using the online checking system for employees’ immigration status, without requiring immediate action. However, employers are advised to proactively encourage their employees to take initiative by activating a UKVI account.

For employees who hold BRP cards and for whom you have conducted an online right to work check, you would have recorded the actual expiry date rather than the short date of 31 December 2024 printed on the physical card. Therefore, in this instance, you have no further action to take.

However, if you conducted a manual right to work check on an original BRP before the 6 April 2022, then as an employer, you must carry out an online check before the end of 2024.

The Home Office has stated that employers do not need to repeat right to work checks on employees with pre-settled status under the EU settlement scheme.

As an employer, it is important to comply with immigration regulations when hiring employees. However, navigating an ever-changing immigration system can be confusing.

Gherson works with UK based SMEs with headquarters in the UK and abroad, offering a tailored approach to immigration compliance to ensure organisations stay on the right side of the Home Office.

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, or send us an e-mail. Don’t forget to follow us on X, 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.

©Gherson 2024