Everything employers need to know about eVisas
The Government is digitising the visa process for anyone coming to live and work in the UK. Employers need to be aware of these changes as the onus is on them to check and document the right to work status of their employees. In this blog, we’re going to cover everything employers need to know about eVisas, including how to stay compliant and what steps they should be taking.
What is an eVisa?
The eVisa will be replacing the current biometric resident permits (BRPs), biometric resident cards (BRCs), passport stamps and vignettes with a digital online record. The eVisa will store all the information about a person’s immigration status in one place and as an employer, you can check these details with the UK Visas and Immigration (UKVI).
You can find out the full details on the Government website here.
What do the eVisas mean for employers?
Employers have to check that every employee has a right to work in the UK and they need to keep records of the correct documents. If you have an employee whose visa expires, you need to make sure they have registered for their eVisa and that it is correct and up to date on the system. You do not need to do any additional checks if your original checks show they have a right to work in the UK.
Your employee will need to generate a share code for you to access the details in their eVisa so that you can check their immigration status.
It’s important that you do this for all employees as, following the 2024 employment law updates, fines for employers are currently at £45,000 for the first breach per worker and £20,000 to £60,000 for any subsequent breach per worker. These are significant sums for any business. Make sure you follow the Right to Work checks outlined here.
At the moment, there is a statutory excuse against the above penalty if you completed the initial checks compliantly on the physical paperwork. You will need to make a follow-up check when their visa is due to expire.
If you employed someone before 6 April 2022 and have the correct proof recorded, then you don’t need to do a retrospective check. If you do decide to check and discover that the person no longer has the right to work in the UK, you will need to take the appropriate action to avoid any fines.
What does an employer need to do to be eVisa compliant?
Firstly, you need to make sure your employees know about the eVisa system and that make sure that any non-UK employee has registered with UKVI.
Next, we recommend you take the following steps:
Review the right to work expiration dates for your current non-UK employees.
Communicate with those employees to highlight the expiration date and request that they ensure compliance by registering for a UKVI account. You may wish to remind them that proof of continuing right to work is mandatory for their continued employment.
Where appropriate, obtain new share codes for those employees with expiring right to work.
Perform the online check, satisfy yourself that the check applies to the person employed and retain a record of the check in your files.
Finally, if you are unsure, we are on hand to help.
Employing non-UK people
Many businesses benefit from hiring skilled immigrants and the visa process should not put you off getting the right people into your organisation. It’s important that you follow the correct process and keep records of all your checks to maintain compliance.