Employers should take action now to inform any non-UK/non-Irish employees that if they do not currently have access to an e-Visa they will need to take action by 31 December 2024.
This is because UK Visas & Immigration (UKVI) is moving to an immigration system which provides digital proof of immigration status (an e-Visa), rather than a physical document. Individuals who have status under the EU Settlement Scheme or who used the ID App to provide their biometric information for an immigration application will already have access to their e-Visa and so do not need to take any further action. (This includes those who were issued with both a Biometric Residence Permit and an e-Visa for their current immigration leave).
However, those individuals who currently prove their UK immigration status with a physical document alone, most commonly with a Biometric Residence Permit, will need to create an online UKVI account and access their e-Visa. The changes will also impact those who hold a legacy paper immigration document or who have a vignette in their passport.
In some cases, employers will also need to carry out a follow up right to work check before the individual’s Biometric Residence Permit expires on 31 December 2024.
The digital visa transition is due to complete by 31 December 2024. As a general rule, this means that all individuals with UK immigration status will need to ensure they have an e-Visa by 31 December 2024 in order to prove their right to enter the UK and to prove their right to work and rent in the UK.
Right to work checks
Even where individuals have immigration permission which is valid beyond 31 December 2024, Biometric Residence Permits are due to expire on 31 December 2024. This expiry date refers to the expiry of the document only and not to the holder’s underlying immigration status.
Where the employee still has underlying immigration permission valid beyond 31 December 2024 and the employer carried out an online right to work check for that individual (i.e. used the employee’s share code to log onto the online portal to check their immigration status) there is no need for the employer to carry out a further right to work check before 31 December 2024. A further right to work check will only be required shortly before the expiry date of the employee’s current immigration permission.
However, where the employer carried out a manual right to work check (i.e. they checked the original Biometric Residence Permit rather than undertaking an online right to work check) the employer must undertake a follow up online right to work check by 31 December 2024 at the latest in order to maintain a statutory excuse against a civil penalty. This should only affect right to work checks which were carried out prior to 6 April 2022 as following that date employers should have conducted online checks if the employee has a Biometric Residence Permit. Employers should therefore check their records and ensure that, where required, they undertake a further right to work check in good time before 31 December 2024.
We also anticipate that guidance on right to work checks will be updated so that at some point in 2025 individuals may only be able to prove their right to work in the UK through their e-Visa. Employers should ensure that they update their processes accordingly to ensure that they are undertaking compliant right to work checks and are able to obtain a statutory excuse against a civil penalty.
Contracts and offer letters may also need to be updated to reflect any changes to guidance on right to work checks.
Impact on travel
Employees travelling overseas may also find that they will not be able to re-enter the UK after 1 January 2025 if they have not set up a UKVI account and ensured they have access to an e-Visa. We therefore recommend that individuals take action as soon as possible, particularly if they have travel plans over the Christmas period.
Impact on immigration permission
It’s important to note that individuals whose current immigration leave expires prior to 31 December 2024 will still need to extend their current immigration leave prior to the expiry date of their immigration leave. The process of setting up an online UKVI account to access an e-Visa does not affect the person’s underlying immigration leave in the UK. For example, where you have any employee whose current Skilled Worker leave will expire on 30 November 2024, you will still need to provide them with a new Certificate of Sponsorship and they will need to submit their Skilled Worker extension application prior to this date for them to be able to continue working for you in the UK.
As part of the extension application, they will usually now be issued with an e-Visa and so would not need to take any further action before 31 December 2024. However, there will be some individuals who will still only receive a new Biometric Residence Permit once their extension application is approved and so will need to follow the process to access their e-Visa.
Next steps
We strongly recommend raising these issues with your employees by circulating our information sheet. This should help ensure that your non-UK/Irish employees can continue to prove their right to work and rent in the UK from 1 January 2025 onwards and do not encounter difficulties returning to the UK when they travel overseas. Our information sheet is available here.
As above, employers should also ensure that where required they undertake a further right to work check before 31 December 2024.
Further information can also be found at Online immigration status (eVisa) - GOV.UK (www.gov.uk) and in the Home Office’s latest factsheet - Media factsheet: eVisas – Home Office in the media (blog.gov.uk).
Kerry Garcia
Jackie Penlington