A Guide for UK Employers on the e-Visa
The Home Office has announced changes that will affect all UK employers and their conduct of right-to-work checks on employees.
In this blog, our Immigration Solicitors look at how employers are affected by the introduction of the e-Visa.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
The introduction of the e-Visa
All biometric card holders can apply for an eVisa and must do so by 31 December 2024. This is not simply an employee issue as it impacts employers and the conduct of right-to-work checks.
A biometric card holder is anyone with a biometric chip in an immigration document. This includes employees with:
- A Biometric Residence Permit (BRP)
- A Biometric Residence Card (BRC)
- A Frontier Worker Permit
Some employers have assumed the introduction of the e-Visa only impacts businesses with a sponsor licence to sponsor Skilled Worker Visa holders, Health and Care Worker Visa holders or Global Business Mobility Visa holders. Our Business Immigration Solicitors stress that the changes affect all employers, large and small, who employ a person with immigration status. For example:
- A worker in the UK on a Spouse Visa or Family Visa
- A part-time employee in the UK on a Student Visa
- A former international student working on a Graduate Visa
- A worker with Indefinite Leave to Remain status who relies on their passport containing an ink stamp or vignette sticker to evidence that they are settled in the UK
There are other circumstances where an employee may need to prove their immigration status and right to work in the UK.
Why your business needs to know about the e-Visa
All HR staff (and key personnel if your business has a sponsor licence) need to be aware of the changes to the immigration system and the introduction of the e-Visa. Failure to keep up to date with the changes could mean:
- Your business has not carried out a right-to-work check in accordance with the latest guidelines
- A repeat right-to-work check is not carried out as required
- The company loses its statutory excuse if it did not carry out the check correctly
- Without statutory protection, the business is at risk of a Civil Penalty Notice and a large fine
- Any sponsor licence holder also places their sponsor licence in jeopardy of sponsor licence suspension or revocation. If a sponsor licence is revoked the sponsor licence holder cannot continue to employ any of its sponsored employees and their Work Visas will be curtailed
- Companies that are in breach of right-to-work legislation are publicly named. This can lead to reputational damage, branding issues or even breach of contract if one of your contractual obligations is to comply with the law on right to work in order to not create brand issues for a purchaser of your products or services
On a positive note, businesses who talk about the introduction of the e-Visa with their employees can be seen to be supportive and proactive.
What the e-Visa means for employees
By 2025, most physical immigration paperwork will be replaced with an e-Visa. The e-Visa is a digital record of a person’s immigration status accessed through the individual’s online UK Visas & Immigration (UKVI) account.
Some individuals have already contacted our Immigration Solicitors concerned about their immigration status as they have a Biometric Residence Permit with an expiry date of 31 December 2024. This is the end date of their BRP and not necessarily their visa expiry date. If an employee is worried about their Work Visa or Family Visa expiry date, they need to double-check their visa expiry date rather than assume their visa ends on the same date as their BRP.
Some visa holders and those with immigration status may need to create an online UKVI account to obtain and access their e-Visa. Without this, they may not be able to prove status or may have travel issues.
What the e-Visa means for employers
Most BRPs were issued with an expiry date of 31 December 2024 to encourage Biometric Residence Permit holders to apply online for an e-Visa to evidence their right-to-work and right-to-rent from 31 December 2024 onwards.
The December 2024 BRP end date does not mean that an employer must carry out a repeat right-to-work check before that date as the original right-to-work check will have correctly recorded the visa end date and therefore the date by which the repeat check is required. Provided the check was carried out in accordance with the guidance at the time of the check the employer retains their statutory excuse until the right-to-work check requires renewal. However, an online repeat right-to-work check may be necessary to retain an employer’s statutory excuse where an employer originally carried out a manual check of the employee’s immigration paperwork.
E-Visa and Immigration Law Training for employers
Our Business Immigration Solicitors provide a range of employment law and sponsor licence Immigration Law Training for employers including training on:
- Right-to-work checks
- HR audits
- Sponsor licence audits
- Key personnel responsibilities and duties
- Sponsor licence management
Our specialist Business Immigration Lawyers can provide bespoke training tailored to the needs of your company or on-line assistance. We are happy to discuss your Immigration Law Training and audit needs to work out the package of support that meets your requirements.
UK Online and London-Based Immigration Solicitors and Sponsorship Licence Lawyers
For immigration advice call OTS Solicitors on 0203 959 9123 or contact us online.
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