It is important for employers to carry out compliant right to work checks in accordance with the Home Office guidance. Here, we look at a recent change to the guidance which has been updated in line with the Home Office’s aim of having a fully digitalised immigration system.
The Home Office have been pushing forward with its plan to have a fully digitalised immigration system. The Home Office ceased issuing Biometric Residence Permits (BRPs) on 31 October 2024. Instead, BRPs have been replaced by electronic visas; eVisas.
An eVisa is a digital record of an individual’s immigration status, which also outlines their conditions of stay. Individuals can demonstrate their right to work and rent in the UK through the online systems.
Many migrants who are outside the UK, and have been granted permission to enter the UK for more than six months, are still being issued with a visa vignette which is endorsed inside their passports. The entry visa vignette allows the applicant to enter the UK and is usually valid for 90 days.
The Home Office have recently updated the employer’s guide to right to work checks guidance with a key change affecting individuals entering the UK on a 90-day entry clearance vignette. Applicants now need to create a UKVI account within ten days of arriving in the UK, or before their vignette expires (whichever is later) to access their eVisa to prove they have a continuing right to work in the UK.
Where the individual needs to start work prior to creating the UKVI account and accessing their eVisa, a compliant right to work check will still need to be conducted before they start work. The employer will then need to carry out an online right to work check prior to the expiry of the vignette. Further details can be found in the right to work guidance.
Applicants should create their UKVI account as soon as possible to reduce any issues and avoid impacting work start dates. Additionally, employers with a sponsor licence must ensure they retain evidence on file as set out in Appendix D relating to right to work checks.
As the shift towards a digital by default immigration system continues, employers should keep up to date with the current guidance and ensure any internal processes and procedures are updated accordingly so that they can maintain their immigration compliance.
Right to work checks: How our Immigration Solicitors can help
Our team provide legal advice and guidance in relation to right to work checks and also provide advice on specific complex scenarios.
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