eVisas: Major changes for BRP holders and employers in the UK

Since spring 2024, UKVI has been carrying out a phased roll out of its new eVisa scheme, inviting a small number of Biometric Residence Permit (BRP) holders to create online UKVI accounts. As of August 2024, all BRP (and Frontier Permit) holders may now set up an online account to access their eVisa to view and prove their status in the UK.

The UKVI account allows access to an eVisa, which is digital confirmation of a person’s UK immigration status. Via the account, the individual can share their immigration status and conditions with employers, landlords, and other relevant third parties. 

All UK visa holders who have not yet done so should take steps to set up their account to access their eVisa. Notwithstanding this, existing physical visa documents should still be retained for travel and future applications. 

Impact on UK employers 

Many employers are familiar with conducting online right-to-work checks for staff subject to immigration control. However, not all employers and employees have used the UKVI account to confirm right to work, as until 06 April 2022 this was not a requirement for employers as it is now.

Employers may be aware that the physical cards typically have an expiry date of 31 December 2024 (regardless of whether the right to work expires after this date). Therefore, for any employee with a time-limited right, and whose right to work was checked manually not online, a repeat right-to-work check must be carried out before the expiry of the document currently used (most likely 31 December 2024). 

It is crucial for businesses to plan ahead to ensure all such right-to-work checks are completed in time.

Next steps 

Employers should review staff records now so they have an up-to-date list of all employees who established their right to work using a physical BRP (i.e. before 06 April 2022). and who are subject to an expiry date of 31 December 2024, so they are aware of any further right-to-work checks that need to be undertaken. Employers should discuss with affected employees and emphasise the importance of creating a UKVI account, and doing so in good time before the expiry date. 

These steps should ensure that employers can carry out the required right-to-work checks well in advance of the 31 December 2024 deadline. There may be additional pressure on UKVI systems as the deadline approaches, and during the end-of-year festive season, staff may be travelling or absent. As such, leaving things to the last minute could result in serious difficulties. 

Finally, it is unclear whether assisting employees with the eVisa process amounts to providing regulated immigration advice. As it is a criminal offence for unregulated individuals to provide such advice, it is recommended that employers get in touch with a lawyer who can assist their employees with this process. 

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Flora leads Ward Hadaway's team of 9 dedicated Immigration solicitors, as well as being a Partner in the Employment team.  She has expertise in managing international relocation and recruitment projects for businesses in the UK and ensuring compliance with UKVI's complex, ever-changing rules.

Natalie is an Associate specialising in Immigration and Employment advice for employers.  She provides specialist advice on immigration law to businesses and organisations about sponsoring migrants and obtaining and maintaining sponsor licences as well as assisting individuals with their visa applications.