Key takeaways
Physical documents phased out by year-end
Employers must prepare for full eVisa transition.
Update right to work procedures now
Online checks replace BRPs and BRCs from January.
Early action helps avoid disruption
Staff must apply for eVisas before 31 December.
In a desire to make it easier at passport control, allowing more people to use e-gates and eventually allowing individuals to make visa applications online without needing to attend physical appointments, UK Visas and Immigration (UKVI) is transitioning to a fully digital immigration system. From 1 January 2025, the intention is for e-Visas to replace the following physical documents:
Biometric residence permits (BRP)
Biometric residence cards (BRC)
Passport endorsements, such as indefinite leave to enter wet ink stamps
Vignette stickers in passports, such as entry clearance or visa vignettes
Whilst the Home Office has been issuing eVisas for a while now (for example to EU nationals who applied for the settlement scheme post Brexit) there are still many who rely on physical documents.
UKVI recently confirmed that no new BRP’s will be issued from 31 October 2024 and any physical BRP or BRC documents (which were previously used to confirm an individual’s identity and immigration status) will no longer be in use or valid for right to work checks from 31 December 2024. In practical terms, this means that all migrants, including EEA nationals, will need to be in the digital eVisa system by this date.
This raises a number of key action points for employers, who should:
Communicate with affected staff:
Check who (if anyone) in the organisation relies on a physical document to confirm their immigration status and liaise with them to ensure that they know about and are applying for an eVisa. To apply, affected individuals need to create a free online UKVI account by 31 December 2024. It is recommended that they do so as soon as possible, as delays can occur if UKVI require further information, evidence or documents before granting the eVisa.
If an affected individual fails to secure an eVisa before 31 December 2024, there is a risk of disruption to them and the business (for example, if they leave the UK over the Christmas period and cannot get back into the UK without an eVisa in the new year).
Update right to work checking procedures, documents and train staff:
From 1 January 2025, you need to check e-Visas rather than physical documents for those without a UK or Irish passport.
Like some employees already do, individuals will provide you with a share code, which will allow you to check their immigration status online.
It is imperative that those responsible for undertaking checks know which checks they should be completing, what they should be looking out for (such as restrictions on hours or types of work) and that you have clear guidance and training in place for them, especially if your business is currently not used to doing online checks. It may take time to become familiar with the new way of checking details online.
Furthermore, you may have to update your offer letters and contracts of employment to make it clear what documents individuals need to produce to satisfy your pre-employment checks.
We recommend that having clear processes and policies in place will ensure a consistent and compliant approach, reducing the risk of the employer being left without a statutory excuse and facing civil penalties of up to £60k per illegal worker.
Conduct repeat checks if necessary:
In recent years, BRPs were issued with an expiry date on or before 31 December 2024 (even where an individual’s immigration permission actually expired after that date). To maintain the statutory excuse, a repeat electronic right to work check must be conducted before the document expiry date for any employee with: (a) time limited immigration permission, whose right to work was checked manually before 6 April 2022; or (b) where the employer recorded the expiry date of 31 December 2024 (despite the fact the employee has indefinite leave to remain). The affected individual will need to apply for an eVisa first, before the employer will be able to conduct this repeat electronic check.
As always, the UKVI continue to update their guidance on this as we get closer to 1 January 2025. This article is correct at the time of issue and is to provide general information only. It should not be a substitute for bespoke advice for your organisation and an individual’s specific circumstances.
Should you have any further questions or require support with updating policies and procedures, please do not hesitate to contact the author.
