From autumn 2024, all Biometric Residence Permit (BRP) and Biometric Residence Card (BRC) holders are required to transition to an eVisa account to demonstrate their UK immigration status.
It is important they take steps to do so in good time ahead of the phasing out of BRPs and BRCs on 31 December 2024, but there are also profound implications for employers.
Here's what we recommend all employers of non-settled workers do now to ensure they remain complaint with Home Office right to work check requirements and do not lose any statutory protection from civil penalties in the event of illegal working.
- Conduct a review of the right to work checks held for all non-settled workers;
- Identify which of those checks are of a BRP or BRC and provide for an expiry date of 31 December 2024*;
- Agree upon how you will communicate to the relevant workers identified under 2, the steps that they need to take to provide you with a sharecode with which to conduct a repeat right to work check online**;
- Carry out online right to work checks using the employer portal for all those individuals identified, on or before 31 December 2024 and retain appropriate records.
*Note that this should include workers whose immigration permission expires after 31 December 2024, but for whom the right to work check provides for an expiry date of 31 December 2024
**Some individuals may need to set up an eVisa account for themselves before they can generate a sharecode, so it is important to engage in this process as early as possible
For an overview of the implications and necessary steps for individuals and employees, please refer to our earlier update on the new eVisas
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
