Changes to Right to Work Checks: UK’s Digital Immigration System

The Government will be digitizing the UK’s immigration system in 2025, which means that anyone currently using physical immigration documents (a biometric residence permit) will need to apply for an eVisa. The deadline for doing this is 31 December 2024.

The eVisa is an online record of immigration status which references the conditions for entering or staying in the UK. It is said to make the UK safer as it will reduce the risk of fraud, loss and abuse of physical documents, strengthening border security. To access this visa, individuals will need to set up a UKVI account via the Government website, this account can then be used to evidence proof of right to work in the UK.

Creating the UKVI account will not change, impact or remove an individual’s immigration status or rights in the UK. Employers won’t, therefore, need to re-check anyone’s immigration documents unless they are time-limited and due to be re-checked.

The eVisa’s will, however, change the right to work checking process from 1 January 2025 as workers will need to share their immigration status information by generating a share code via the Home Office ‘view and prove service’. This replaces the need to check physical immigration documents.

Tip: If you have staff who are currently using physical immigration documents, then it’s worth checking that they have applied for their eVisa and updated their profile information.

Failure to check your workers immigration status via legally compliant right to work checks can be costly, with penalty fines starting at £45k and jumping to £60k per illegal worker for repeat breaches. It is, therefore, crucial for businesses to undertake satisfactory checks when hiring new staff. If those checks show that the individual has time-limited immigration status, then follow up checks must be scheduled accordingly.

Are you unsure whether your business is conducting compliant right to work checks? Why not get in touch with a member of our HR team who can provide you with legally sound advice and put your mind at rest!