The UK Visas and Immigration (UKVI) are developing a digital immigration system. It aims to replace physical immigration documents with an online record. These include:
The Home Office intends to cease issuing the above-mentioned physical documents entirely from 01 January 2025. We have observed that the plan has been implemented gradually; BRP cards are no longer available for certain visa categories.
If you currently have permission to stay in the UK and have any of these physical documents to prove your immigration status, you do not have to take any action now. The Home Office will provide updates on when you need to register for a UKVI account, and what you need to do, throughout 2024. You may follow the Gov website for updates.
Regardless of whether the employee or prospective employee has BRP or BRC cards, employers are now required to check their workers’ immigration status and right to work via the Home Office online right to work check service.
The individuals need to go to Gov website ‘Prove your right to work to an employer: get a share code’. They need to log in by entering their personal details and select the reason for creating a share code: choose to prove their right to work in the UK. The share code issued should begin with the letter ‘W’ and is valid for 90 days.
The employer then should go to ‘Check a job applicant’s right to work: use their share code’ and conduct right to work check. The online service would confirm whether the individual has a right to work, any restrictions and conditions attached, and indicate if any extra documents the employer needs to obtain. It would also specify when a follow-up check is required.
The right to work check report must be downloaded and retained during the worker’s employment and for two years afterwards. After then, they must be securely destroyed.
There are some individuals whose immigration status cannot checked through the online service above. For example, people who has acquired indefinite leave to remain or settled status before BRP or BRC digital system is implemented. They should have immigration documents confirming their immigration status, such as endorsement or vignette in their passport. In that case, you could conduct a manual check on documents.
Employers should:
‘the date on which this right to work check was made: [insert date].’
Simply writing a date on the copy is not sufficient.
All copies of documents should be kept during the worker’s employment and for two years afterwards. After then, they must be securely destroyed.
From 2024, for a single breach within 3 years, the fine will be up to £45,000; for repeated breaches within 3 years, the fine will be up to £60,000 per illegal worker.
If the employer has correctly conducted the right to work check, the penalty may be mitigated or exempt.
Further information on Right to Work check, please check on our website or contact us Davenport Solicitors.
