The Home Office has transitioned from issuing physical biometric residence permits (BRPs) to digital immigration statuses (eVisas). The updated Employer’s Guide to Right to Work Checks confirms that, from 12 February 2025:
- Individuals granted entry clearance overseas for longer than six months will receive a 90-day vignette in their passport to facilitate travel to the UK. Upon arrival, they must create a UKVI account within 10 calendar days or before the vignette’s expiry (whichever is later) to access their eVisa. This replaces the previous requirement to collect a BRP and enables individuals to prove their right to work.
- Where employment commences prior to account creation, employers may perform a manual right to work check using the vignette. However, a follow-up online check via the UKVI online service must be conducted before the vignette expires to retain the statutory excuse against civil penalties.
- If an employee cannot access their eVisa before the vignette expires due to system errors or other issues, they should contact UKVI. Employers are not required to terminate employment in such cases, provided there is a genuine belief in the individual’s continued right to work. Instead, they should use the Employer Checking Service to seek a Positive Verification Notice to preserve their statutory defence.
The guidance also clarifies that a clipped British or Irish passport (i.e., one with cut or removed page corners) is considered cancelled and cannot be used to establish the right to work. Further that a short or long-form birth certificate is acceptable evidence when accompanied by official documentation linking the individual’s name to their National Insurance number, issued by a government body or previous employer.
