Important update for Employers: eVisa registration opens up to all visa holders

The Home Office has announced a significant update regarding eVisa applications, impacting all visa holders, including those holding indefinite leave to remain. This change is part of the UK’s plan to transition to a fully digital immigration system by the end of 2024. This shift aims to enhance security, reduce processing times, and streamline the verification of immigration status for various stakeholders, including employers. As employers, it is crucial to understand these changes and prepare accordingly to avoid any business disruptions.

What is an eVisa?

An eVisa is an online record of an individual’s immigration status, linked to UKVI account and their current passport. It replaces physical documents such as Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), and visa vignettes. The eVisa system allows individuals to prove their immigration status digitally, making it easier to share this information with employers, landlords, and other relevant parties.

Key changes and deadlines

All visa holders must apply for an eVisa online by 31 December 2024. This includes those who previously needed a personal invitation or specific instructions to apply.

Visa holders who do not hold a BRP or BRC must secure one before being able to apply for their eVisa. They can apply for a BRP using form NTL. These applications can take months to be decided. Given the December deadline, it is advisable to apply for a BRP as soon as possible.

Visa holders must create a UK Visas and Immigration (UKVI) account and verify their identity using the ‘UK Immigration ID Check’ app. The Home Office will link the eVisa to the UKVI account, and individuals will receive an email notification once their eVisa is available to view online.

Many visa holders will already hold an eVisa which will be linked to their digital UKVI account. They should check that they can access their account, and check that their eVisa and current passport are registered to their account. This will help to avoid difficulties and delays at the UK border.

Throughout 2024, individuals should continue to travel with their physical immigration documents. From 2025, those without a UKVI account or a UKVI account which is not up to date may face significant travel disruptions.

Role of Employers

Employers play a crucial role in the successful implementation of the eVisa system. Here are some steps to ensure a smooth process:

1. Right to work checks: Employers must verify the immigration status of their employees using the eVisa system. This involves checking the employee’s status online through the UK Visas and Immigration (UKVI) portal. Employees with an eVisa should present a share code for right to work checks. It is important as an employer that you ensure your HR team is familiar with this process. A right to work check is only required for new employees, and for employees with a time limited right to work. If the employee has a time limited right to work, the repeat check only needs to be undertaken shortly before the employee’s right to work expires.
2. Communication and support: Employers should inform their employees about the transition to eVisas and may wish to provide links to Home Office guidance on how to create a UKVI account and link their eVisa and their passport to their account. Regular reminders and support can help ensure a smooth transition.
3. Record keeping: Employers must keep accurate records of their employees’ status as part of their right to work checking process. When an employee holds an eVisa, the right to work record will include a PDF download of the eVisa.

Implications for Employers

Failing to secure an eVisa can have consequences for both employees and employers:

1. Business disruption: Employees without a valid eVisa may face difficulties proving their right to work, leading to potential business disruption.
2. Legal and financial penalties: Employers who fail to verify the immigration status of their employees may be liable for civil penalties. The fine can be up to £60,000 per illegal worker.
3. Travel complications: Employees who need an eVisa, but who have not registered for one may encounter issues when travelling internationally and/or when returning to the UK, as they will not have the necessary digital proof of their immigration status. This can lead to delays and complications at Border Control. This may directly impact your workforce if they are required to travel for work purposes.

 

Conclusion

The transition to eVisas represents a significant change in the UK’s immigration system. Employers can take proactive steps to ensure compliance, support their employees through the transition, and avoid potential legal and financial repercussions. By staying informed and prepared, employers can navigate this change smoothly and maintain a compliant workforce.