The Home Office has embarked on the process of phasing out all physical immigration status documents by the end of 2024, replacing them with what is being referred to as an 'eVisa'. The Government believes that eVisas are more convenient and are more secure as they cannot be lost, stolen or tampered with.
From January 2025, all employees who hold visa status will need to have an eVisa to prove their right to work to current or future employers. Employers will need to check this status via an Online Right to Work check when a visa holder commences work or when they are re-checked at their expiry of their visa.
As part of the move to eVisas, anyone who holds a physical immigration document will need to set up UK Visas & Immigration (UKVI) account. From 6 August 2024 the Home Office announced that all physical visa holders are now able to register to use the UKVI eVisa system.
All physical visa holders must create their UKVI account before their biometric residence permit expires. This system is now open and we recommend that physical visa holder apply as soon as possible, particularly those who intend to travel over the Christmas period and into early 2025.
An individual's visa status is not affected by the transition to the eVisa but they may encounter difficulties with proving their immigration status to employers or travelling into the UK if they have not secured an eVisa by the end of 2024.
Visa holders can visit www.gov.uk/evisa to create a UKVI account to access an eVisa. Visa holders should do this even if they have recently applied to renew their visa. Creating a UKVI account is free and easy to do and will not usually require an applicant to send any documents to the Home Office. If you or your employees have any concerns please contact us for help.
Employers are not required to carry out re-checks on their workers who register for an eVisa unless you have not got a record of their actual visa expiry date. For individuals who hold biometric residence permits who have started work since April 2022, their status should have been checked by an Online Right to Work check with a share code so their full visa expiry date should be noted on your systems.
However, for any BRP card holders who started work before then their expiry dates may be recorded as 31 December 2024. In this case, an employer will need to carry out a new Online Right to Work check before their BRP expires to have a record of their visa expiry.
The Home Office are encouraging employers to play a role in communicating the need to register for an eVisa to their employees. This could be in the form of an email to workers or information on your company website.
If you require help with your communication strategy or would like any further advice about the eVisa roll out please let us know. We have also recently published a guide for employers on the eVisa roll out. Please contact Joanna Hunt for a copy.
