Employers’ guide to eVisas – all you need to know

As the UK government continues to phase out physical immigration documents in favour of digital eVisas, it’s important that employers are aware of what the changes mean and how it impacts right to work checks.

What’s changing?

By 2025, almost all migrants in the UK will have to use a digital record to evidence their immigration status. eVisa holders can access their eVisa through a UK Visas & Immigration (UKVI) account.

As a result, Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), and legacy paper documents like passports that contain an ink stamp or vignette sticker will soon be obsolete, although the latest guidance indicates these documents should be kept in case people need to evidence their immigration history.

Who is affected?

All migrants living and working in the UK will be affected, and from autumn 2024, almost all new applicants will be issued an eVisa. Those with visas who are already in the UK should visit this webpage to create a UKVI account to access their eVisa.

What do eVisas mean for employers?

For new and prospective employees, employers should continue to use the online right to work service to generate a share code.

Some physical documents will remain a valid means of proving the right to work (more information can be found here). It is important to remember that manual right to work checks can only be used in limited circumstances.

Employers should still have a statutory excuse against a civil penalty provided initial right to work checks were made in line with the guidance that applied at the time the check was made and before employment commenced. Only where an employee’s permission to stay is due to expire, as confirmed via the initial check, will employers need to carry out a follow-up check to maintain a statutory excuse.

What can I tell my employees about eVisas?

First and foremost, employers should reassure those employees who hold BRPs and BRCs with an expiry date of 31 December 2024, that this is the expiry date of the card itself and not necessarily the date their immigration permission is due to expire. The expiry date refers to the document only, and not to the holder’s underlying immigration status. It would be prudent for the individual concerned to check their decision letter or email from the Home Office for confirmation of their visa expiry date. There is no need for employers to recheck the status of an existing employee solely because their BRP or BRC expires on the 31 December 2024 (assuming that this isn’t their visa expiry date). 

Secondly, employers may wish to direct those who use physical immigration documents to this webpage for the latest information on how to evidence their right to work.

The Home Office has also created an eVisa Partner Pack of helpful materials about the transition to eVisas, including an employer model email to send to staff about the changes, a factsheet for those required to check immigration status, and guides for people impacted by the move to eVisas.

If you have any questions in relation to eVisas or would like support in drafting comms to your employees, please contact Chetal Patel, Head of Immigration for further details.

The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.