Update: eVisas

UK Visas and Immigration (UKVI) is moving to a digital visa system from 1 January 2025. This means that physical immigration documents, such as the BRP, will be replaced with an online record of immigration status (an eVisa).

What is an eVisa?

All non-British/Irish employees who hold a non-digital immigration status (such as a Biometric Residence Permit (BRP), Biometric Residence Card (BRC), endorsement in passport) must create an immigration account and a digital status. This must be done to access the eVisa.  

The eVisa allows individuals to prove their immigration status e.g. for studying, working, and renting in the UK by generating a share code. This share code will be given to the relevant party, such as the employer, so that an online check can be carried out.

An individual’s immigration permission is not affected by the transition to eVisa, but they may encounter difficulties with proving their immigration status and travelling to the UK if they do not obtain an eVisa by the end of this year.

Benefits of eVisas

• They are secure and cannot be lost, stolen, or tampered with, unlike a physical document. 
• Employees will not need to wait for, or collect, a physical document after their application is decided.
• It will be quicker and easier to prove their status at the UK border and share their status with third parties like employers and landlords. 

Creating an eVisa account

Most affected individuals will have received communication from UKVI on creating the eVisa account.

Before starting, individuals need:

• Access to a smartphone
• A mobile phone number
• An email address
• Their BRP card or a valid passport with their BRP number or visa application number

A phone number and email address must be provided, as these will be required to access the eVisa account.

Further details can be found here: Get access to your eVisa

How employees share evidence of their status

The part of the UKVI account where an employee can access their permission and learn how to share it with others is called ‘view and prove.’

Individuals can get a new share code whenever they need one – they do not have to remember a single unique code to be able to prove their status.

Right to work checks

Employers should monitor current employee visa expiry dates before 31 December 2024.

For new and prospective employees, continue to ask those who need to prove their status to use the online right to work service to generate a share code on the government website. Then the right to work can be verified using the share code they provide using the Home Office checking portal.

For existing employees, employers will maintain a statutory excuse against a civil penalty if initial checks were undertaken in line with the guidance that applied at the time the check was made. Only where an employee’s existing permission to stay is due to expire, as confirmed via the initial check, will a follow-up check need to be carried out to maintain a statutory excuse.   

An expiry date of 31 December 2024 appears on BRPs issued over the past few years. However, unless permission expired before then, the actual visa expiry date is likely to be after that date.

Employers must carry out an online right to work check for those who proved their right to work with physical immigration evidence, such as a BRP, expiring on 31 December 2024. This is to ensure you have evidence of the correct expiry date of permission.

Where there is an outstanding application

If an employee has created their UKVI account and has an eVisa, even if their previous visa has expired, where they have an outstanding application, they will be able to provide a share code. This is because any further visa application is automatically linked to this account. In this instance, an Employer Checking Service (ECS) check will not be required. Instead, employers can conduct an online check using the share code which will deliver a faster result.

How to help employees

Employers are not obliged to notify affected employees, but to avoid business disruption, it would be prudent to initiate a communications strategy (e.g. notifications on payslips or emails) to remind affected staff that they need to create a UKVI account to transfer their status to an eVisa, highlighting the importance of doing so to avoid issues in the future.

Employers may also direct employees to the guidance and webchat if they are experiencing difficulties with the transition to e-visa: Webchat Guidance

Further steps

Employers are advised to review and update right to work policies, recruitment correspondence and contracts in line with the new rules effective from 1 January 2025. It should be communicated to relevant staff that there are changes to policies, letters and processes to ensure digital checks are carried out when checking right to work.

Our services

Our immigration solicitors can help in many ways to ensure that your business is compliant with the immigration rules, including right to work.

For advice and help with immigration queries, contact carolyn.bowie@weightmans.com in the first instance.