The UK is transitioning to a fully digital immigration system, with the eVisa replacing physical immigration documents such as Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs) by 1 January 2025. This change is part of the Home Office's initiative to streamline immigration processes, enhance security, and improve efficiency. The eVisa serves as a digital record of an individual's immigration status, linked to their passport, and is accessible through a UK Visas & Immigration (UKVI) account. Employers must understand the implications of this transition and take proactive steps to ensure compliance and support their employees through the process.
Key changes and implications for employers
Transition from physical to digital
The shift from physical documents to eVisas means that all non-British/Irish employees who currently hold a non-digital immigration status must create a UKVI account and obtain a digital status by 31 December 2024. This includes those with BRPs, BRCs, passport endorsements, and vignette stickers. The Home Office has already begun contacting affected individuals and employers to facilitate this transition. Employers must ensure that their employees are aware of these changes and take the necessary steps to avoid disruptions in proving their right to work in the UK.
Impact on right to work checks
From 1 January 2025, employers will need to conduct right to work checks using the eVisa system rather than physical documents. This involves using a share code provided by the employee to verify their immigration status online. Employers must update their right to work policies and procedures to reflect this change and ensure that all staff responsible for conducting these checks are adequately trained. Failure to comply with these requirements could result in significant penalties, including fines of up to £60,000 per illegal worker.
Practical steps for employers
Communication and awareness
Inform employees: Employers should communicate the upcoming changes to all affected employees, emphasising the importance of setting up a UKVI account and accessing their eVisa before the deadline. This can be done through emails, company intranet updates, or staff meetings.
Provide support: Offer assistance to employees in creating their UKVI accounts and navigating the eVisa system. This could include providing access to e-learning modules, in-person support sessions, or guidance from immigration specialists.
Updating policies and procedures
Revise right to work policies: Update employment contracts, offer letters, and recruitment policies to specify that digital status checks will be used from 1 January 2025. Ensure that all relevant staff are trained on the new procedures and understand the importance of conducting compliant right to work checks.
Monitor visa expiry dates: Employers should carefully track the expiry dates of employees' visas and ensure that any necessary follow-up actions are taken before these dates. This includes conducting repeat online right to work checks if the initial check was based on a BRP with an expiry date of 31 December 2024.
Technical and logistical considerations
Ensure system readiness: Employers should ensure that their HR systems are capable of recording and managing digital immigration status information. This may involve updating software or implementing new processes to handle share codes and online checks.
Plan for potential disruptions: Anticipate potential issues that may arise during the transition period, such as delays in employees accessing their eVisas or technical difficulties with the UKVI system. Develop contingency plans to address these challenges and minimise disruptions to business operations.
The transition to a fully digital immigration system is a fundamental change for UK employers. Failure to comply with these new requirements risks significant penalties and operational disruptions. By focusing on clear communication, timely action, and thorough preparation, employers can ensure compliance and minimise the impact of these changes on their workforce.
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