Most licenced sponsors and employees with time-limited immigration permission will know that the Home Office has committed to a “digital by default” economic migration system in the UK. Roll-out is getting underway and should be complete by the end of the year. Stacey Lambert, Associate in our Business Immigration team, explains what is happening and offers top tips to employers and their sponsored employees for managing their status.
We have already seen the change to electronic, rather than hard copy, approval letters issued to successful applicants. There is now the facility for many lower-risk applicants to upload a digital photo and personal data via the Home Office ID app instead of attending a pre-booked in-person biometric appointment at a dedicated Home Office centre. Many Right to Work checks must now be conducted online to establish a statutory excuse against illegal working, whereas a few years ago in-person inspection of hard copy documents was the norm.
The next step of the journey to digital only is the phasing out the use of physical documents confirming immigration status. This includes Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs) and similar, almost all of which now expire on or before 31 December 2024, even where the status they evidence extends beyond that.
When is a BRP no longer valid?
For those whose leave (permission) expires before 31 December 2024, their BRP will continue to reflect the length of their leave accurately.
For anyone with a BRP whose leave expires beyond this date, i.e. their leave expires on/after 01 January 2025 or is indefinite, their BRP will still show an expiry date of 31 December 2024. This is the expiry date of the card itself and not persons’ immigration permission.
As an employer, you should be able to confirm this by conducting an online Right to Work check using the view and prove services online. Migrants must have registered a valid UKVI account linked to their current passport before the deadline of 31 December 2024. This will require setting up an account for the first time for those who applied for their status manually under the old system.
Do I have a UKVI account already?
It is important to note that many individuals with time-limited permission will already hold a UKVI account.
- This is likely to apply to those who didn’t attend an in-person biometric appointment as part of their most recent application.
- They can log into the UKVI account system here.
Top Tip: try entering the details of your previous BRP and passport to see if any are recognised before proceeding to create a new account with your current documents. You may find you need only need to update your details (see below).
How do I create a UKVI account?
If, as a migrant with time-limited status you find that you don’t have a UKVI account having followed the above steps, the Home Office should tell you when to create one. This will be communicated:
- By email – UKVI is gradually emailing individuals throughout 2024 to alert them of when to set up their UKVI account from the following email address: evisadirectmail@notifications.service.gov.uk
- You can sign up for updates by creating a GOV.UK One Login here.
If you are applying to extend your leave, or for leave to remain, you may create a UKVI account during the application process.
Is your UKVI account up to date?
Before the 31 December 2024 deadline, it is advisable to log into your UKVI account to check the details are up to date. Your UKVI account must also be linked to your passport before you travel outside of the UK post-2024. To do this, click here.
Any Questions?
If your business is looking for additional support to assist employees to navigate this change or have other immigration queries, please reach out to the Wright Hassall Business Immigration team.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
