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What's changing?
The UK Home Office (UKVI) is replacing physical immigration documents with a digital proof of immigration status called an eVisa. By 2025, almost all physical immigration products and services will be replaced with this digital record of a person’s immigration status.
Who does this impact?
This change impacts individuals with:
Biometric Residence Permit (BRP)
Biometric Residence Card (BRC)
Indefinite leave to enter or remain in the UK
Legacy paper documents such as:
Passport containing an ink stamp
Passport containing visa vignette sticker
What action does the foreign national employee need to take?
Holders of BRP, BRCs, and other physical immigration documents, including passports containing vignette stickers or ink stamps (for those who hold indefinite leave to enter or indefinite leave to remain) should visit www.gov.uk/evisa now to create a UKVI account to access their eVisa.
BRP holders should retain their BRP after they create a UKVI account as they may need the reference number for future applications to stay in the UK.
For those who already have and use a UKVI account, for example, those who have been granted status through the EU Settlement Scheme or who used the ID checking app when applying for their visa, nothing will change. They should continue to present checkers with a share code which checkers can use to verify, and should keep their UKVI account up to date with their latest passport and contact details.
Individuals who have a passport containing ink stamps or a vignette, and who hold indefinite leave to enter or indefinite leave to remain, will need to make a ‘No Time Limit’ application at www.gov.uk/evisa and continue to use their original documents to prove their rights while they await the outcome of that application.
Successful No Time Limit applicants are issued a BRP, which they should use to create a UKVI account and access their eVisa.
The latest updates on how to make a No Time Limit application and how to use a BRP to create a UKVI account to access an eVisa can be found at www.gov.uk/evisa
Individuals who hold a BRC and have been granted status under the EU Settlement Scheme already have a UKVI account and eVisa and do not need to do anything other than keep their UKVI account up to date with their latest passport and contact details. They can prove their rights using the view and prove service www.gov.uk/view-prove-immigration-status. EUSS status holders should be using their eVisa now, and information on how they can be found at www.gov.uk/government/publications/view-and-prove-your-immigration-status-evisa
Individuals who have a BRC but who have not been granted status under the EU Settlement Scheme will need to ensure that they have a valid immigration status and should be directed to www.gov.uk/evisa for guidance on what they need to do.
Information on what individuals who only have physical proof of immigration status need to do is available at www.gov.uk/evisa
Some individuals already have both an eVisa and a physical document to prove their rights and will not need to take any action other than keep their UKVI account up to date with their latest passport and contact details. Those who are not sure if they already have a UKVI account and eVisa can either check here or refer to their original grant email or letter.
I am in the process of applying for BRP card renewal. What should I do?
Almost all BRPs are due to expire on December 31, 2024, as the Home Office is phasing out physical immigration documents. You should not apply for a replacement BRP but take action to create a UKVI account to access your eVisa at www.gov.uk/evisa instead.
I've lost my BRP or BRC card. What should I do?
If you have lost your BRP or BRC then you should apply for a replacement, but note that this replacement will expire on December 31, 2024, you should create a UKVI account before your BRP expires.
I'm planning to travel. How will eVisa impact international travel?
Individuals should continue to carry their in-date physical immigration documents with them when they travel internationally.
Those who already have an eVisa should tell the Home Office about any passport on which they intend to travel if it is not already linked to their account. They can do this using the ‘Update your UK Visas and Immigration account details’ service at www.gov.uk/update-uk-visas-immigration-account-details
During 2024, the Home Office is taking steps to allow carriers, including transport operators such as airlines, ferry, and international train operators, to securely and automatically access the immigration status of passengers traveling on their services when they present their passport which is linked to their UKVI account.
This will automate the existing routine checks completed whenever a passenger presents the passport when traveling internationally. It is anticipated that this will provide a more convenient journey, and enhanced border security.
How Should Employers Perform Right to Work Checks?
Share Code: Use the status-checking service in the usual way to verify the candidate's or employee's rights.
Valid BRP but no eVisa: individuals may present their BRP to prove their rights. However, BRP holders need to use the online right-to-work service when confirming their right to work in the UK using the link: www.gov.uk/prove-right-to-work
BRP with UKVI account: can use the view and prove service at www.gov.uk/view-prove-immigration-status
Passport with an ink stamp, or a vignette sticker (detailing their immigration permissions): follow the guidance in the links below to check if they are acceptable as proof of the right to work, rent, or immigration status.
Passport containing a vignette sticker issued under the EEA Regulations: this document ceased to be valid on 30 June 2021.
Unsure of the document? Visit: www.gov.uk/legal-right-work-uk
In-date valid BRC and status under the EU Settlement Scheme (EUSS): the individual should already have a UKVI account and an eVisa, so should provide you with a share code using the view and prove services detailed above. You can then check this in the usual way.
EUSS status BRC holders will be expected to continue using their eVisa to generate a share code to prove their rights.
BRC without a status under the EU Settlement Scheme: visit www.gov.uk/evisa for information on what to do next.
Useful Links to Complete Right to Work Check
Other Important Things to Note for Employers
Employers should continue to ask new/prospective employees who have a BRP to prove their status using the online right-to-work service to generate a share code at www.gov.uk/prove-right-to-work
Those with eVisas/UKVI accounts should use the view and prove service at www.gov.uk/view-prove-immigration-status
Some physical documents will also remain a valid means of proving the right to work, and further details can be found at www.gov.uk/government/publications/right-to-work-checks-employers-guide
Employers will maintain a statutory excuse against a civil penalty if they undertook initial/follow-up checks in line with the guidance that applied at the time they made the check.
Where the most recent check was undertaken before April 06, 2022, and the evidence of status was a physical BRP or BRC that expires on December 31, 2024, this expiry date refers to the document only, and not to the holder’s immigration status.
A repeat check is not needed until the employee’s permission is due to expire. If the BRP or BRC confirms that the person has settled status in the UK (also known as indefinite leave to enter or remain), then the check does not have to be repeated.
If an employee presents a BRP, then you should direct them to use the online right-to-work service at www.gov.uk/prove-right-to-work to generate a share code, which you can then use to check their right-to-work. BRP holders can use this service to generate a share code even if they do not have a UKVI account. If they wish, employers can direct BRP holders to www.gov.uk/evisa to find out more about the benefits of creating a UKVI account, and information on how to create one.
When presented with a legacy paper immigration document, such as an expired passport with a vignette sticker (where the holder has indefinite leave to enter or indefinite leave to remain), you should direct the person whose status you are checking to www.gov.uk/evisa for details of how they can create a UKVI account by making a No Time Limit application.
A current passport endorsed with an ink stamp or vignette sticker (where the holder has indefinite leave to enter or indefinite leave to remain) should continue to be accepted as proof of right to work throughout 2025.
British and Irish passports, including expired British and Irish passports, can be used to evidence the right to work, provided the person is the rightful holder of the passport.
Written by WayLit's UK Partner Attorney:
Farida Dar
In-House Legal Ltd.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.
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