Updates for employers on transition to eVisas

15 August 2024

The Home Office is currently reaching out to employers and Authorising Officers on sponsor licences to provide more information on the upcoming transition to eVisas.

The UK government is currently replacing physical immigration documents with a digital proof of immigration status called an eVisa.

The email communications sent to sponsor licence holders this week provide an update on what this change will mean for employers and for any staff they employ who currently have a physical document to demonstrate their immigration status.

What is changing?

By 2025, almost all physical immigration products and services will be replaced with a digital record of a person’s immigration status called an eVisa.

eVisa holders can access their eVisa through an online UK Visas & Immigration (UKVI) account. Millions of people in the UK already use their UKVI account and as an employer, you may already have experience of checking someone’s right to work using a share code that they have generated.

The physical documents being replaced include:

  • Biometric Residence Permits (BRPs).
  • Biometric Residence Cards (BRCs).
  • Legacy paper documents including passports that contain an ink stamp or vignette sticker (where the holder has indefinite leave to enter or indefinite leave to remain).

Who will be impacted?

This change impacts migrants already living and working in the UK, and from autumn 2024, almost all UK new visa applicants will be issued an eVisa.

British and Irish citizens can continue to evidence their rights as they currently do, for example by showing their British or Irish passport.

What do eVisas mean for employers?

For new and prospective employees, you should continue to ask those who need to prove their status to use the online right to work service to generate a share code. You can then check someone’s right to work using the share code they provide. Some physical documents will remain a valid means of proving the right to work, and further details can be found here.

For your existing employees, employers will maintain a statutory excuse against a civil penalty if initial checks were undertaken in-line with the guidance that applied at the time the check was made. Only where an employee’s existing permission to stay is due to expire, as confirmed via the initial check, will you need to carry out a follow-up check to maintain a statutory excuse.

Almost all BRPs and BRCs are due to expire on 31 December 2024. This expiry date refers to the document only, and not to the holder’s underlying immigration status. There is no need to recheck the status of an existing employee solely because their BRP or BRC expires on the 31 December 2024.

What should I tell my employees about eVisas?

Employees who use a physical immigration document such as a BRP to prove their immigration status who do not already have a UKVI account will need to take action to create a UKVI account to access their eVisa.

Those with visas who are already in the UK should visit the Home Office’s dedicated eVisas webpage to find out what they need to do to create a UKVI account to access their eVisa.

To help employers communicate the changes to their employees, the Home Office has put together an eVisa Partner Pack. The pack contains helpful materials about the transition to eVisas to view and download, including a model email to send to your staff about the changes, a factsheet for those required to check immigration status, and guides for people impacted by the move to eVisa. You can access the Partner Pack here.

Useful links

The Home Office has shared the below list of useful links which provide more information on the transition to eVisas and where to access further help. Smith Stone Walters recommends employers bookmark these pages for future access:

Further help and support

The move to digital immigration statuses will bring substantial benefits and convenience to both individual migrants, and those required to check status including employers.

However, the transition may prove challenging for some employers who manage a large migrant workforce. If you think your business may benefit from expert support and guidance on the switch to eVisas, Smith Stone Walters can help.

Our qualified immigration experts can guide you through the process and ensure your business and your employees remain compliant with the Immigration Rules. To speak to an advisor, please contact us today.

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