The Home Office recently announced that all biometric card holders can now apply for an eVisa and must do so by 31 December 2024. As the deadline approaches, it is crucial for employers to understand when repeat right to checks are needed and how to remain compliant.
A biometric card holder means anyone with a biometric chip in their immigration document, such as a Biometric Residence Permits (BRPs), Biometric Residence Card (BRCs) or a Frontier Worker permit.
In this article, we look at how employers are impacted by the eVisa roll-out and when a repeat right to work check is needed.
For biometric card holders, the method used for the initial check will determine the timing for a repeat check
There are two main scenarios where repeat checks are needed on holders of biometric cards, including Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs) and Frontier Worker permits.
1. If a manual right to work check was performed, a repeat online right to work check is needed to retain the statutory excuse beyond 31 December 2024
Before 6 April 2022, it was possible for BRP and BRC holders to prove their right to work using their physical document, rather than being required to use the Home Office's online right to work check system. Where an individual opted to do this, the expiry of their BRP or BRC will have been listed as 31 December 2024, unless their immigration permission was due to expire before this date.
For an employer to retain the statutory excuse beyond 31 December 2024, they must complete an online right to work check before the expiry of the document they used to prove their right to work, rather than before the expiry of the person's immigration permission.
The Home Office started adding the 31 December 2024 date to biometric documents on 1 January 2020, so there is a potentially large cohort of employees who may need a repeat check. Employers may wish to perform repeat checks early, to avoid a bottleneck towards the end of the year.
2. If a compliant online right to work check was performed, a repeat check is not needed if an employee's immigration permission expires after 31 December 2024
On 6 April 2022, online right to work checks became mandatory for those with biometric cards. As part of the right to work check process an employer will retain the profile page, which confirms when the individual's immigration permission expires. A repeat check is not needed if an employee's immigration permission expires after 31 December 2024.
No action is required for other types of right to work check that give an employer a continuous statutory excuse, but these individuals may be required to create a UKVI account in the future.
Find out what employers can do to minimise the impact of the change on repeat right to work checks in our previous article, How to avoid a right to work check headache when BRPs are phased out.
For pre-settled status holders, no repeat right to work check is needed
The Home Office's Employer's guide to right to work checks confirms that repeat right to work checks are no longer required for pre-settled status holders. This means that an employer is only required to complete an initial right to work check before the first day of employment.
See our previous article on pre-settled status improvements for more detail.
More questions about eVisas?
Read our previous articles, eVisas are now available to all BRP holders and eVisa essentials for employers, to learn who is affected and what action is required.
HR teams may wish to prepare internal communications to alert affected employees of the need to apply for an eVisa. This will help reassure employees that they are supported by their employer and may minimise business and/or personal disruption e.g. to international travel.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.