Right to Work in the UK: what you know about the 2025 changes to eVisas

In the UK, workers must demonstrate their Right to Work, and it is the employer’s duty to confirm this eligibility before hiring, conducting periodic checks as needed. The methods to prove one’s Right to Work differ based on their immigration status.

Last year the government began a roll out of ‘eVisas’ and further mandatory changes will be taking place this year. So, what are e-Visas and what do employers need to know?

Employer responsibility and repercussions  

The Home Office is instrumental in ensuring compliance, providing guidance, conducting inspections, and enforcing penalties for violations. To assist employers lacking standard documentation, they offer the Employer Checking Service. Employers who neglect to perform the required Right to Work checks can face significant fines: up to £45,000 for initial offenses and £60,000 for repeat violations.

eVisas, what are they?

To streamline immigration status management, the Home Office is transitioning from physical documents, such as Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), and vignette stickers, to an entirely digital system known as eVisa. This system can be accessed through an online UKVI (UK Visas and Immigration) account.

The eVisa rollout began in April 2024, initially inviting select BRP holders via email from the Home Office to create their UKVI accounts. Although the goal was to finalize this transition by December 2024, unforeseen delays have led to temporary allowances, such as the use of expired BRPs and BRCs for travel until March 31, 2025. However, since January 1, 2025, is mandatory to have an UKVI account for all individuals to access their eVisa.

Once a UKVI account is established, users gain access to their eVisa, which serves as digital proof of their immigration status. This status can be shared directly with employers, landlords, and other parties through the Home Office’s “View and Prove” service, which enables employers to verify an individual’s Right to Work in the UK.

What you need to do as an employer

Employers play a vital role in this transition, particularly in adhering to Right to Work regulations. Clear communication with employees is essential to stress the importance of setting up their UKVI accounts promptly. Employers should also become familiar with the “View and Prove” service to assist in Right to Work checks. This service is crucial for confirming immigration status and preventing illegal employment, thereby shielding businesses from potential penalties.

To meet their legal obligations, employers must establish robust systems for verifying the Right to Work as the shift to eVisas signifies a move away from physical BRPs. This includes monitoring expiration dates and preparing for ongoing compliance checks. Right to Work verification should be integrated into the hiring process to ensure that employers confirm an individual’s legal right to work prior to their employment start date.

The launch of eVisas does not alter existing immigration statuses; however, anyone with UK immigration permission must secure an eVisa to have their status digitally recorded. Individuals with indefinite leave to remain or older documentation, like passport stamps, are encouraged to submit a “No Time Limit” application to facilitate their transition to the new digital system.

European Nationals and eVisas

It is worth noting that European nationals and their dependents who have visas under the EU Settlement Scheme already possess an eVisa and need not take any further action to obtain one.

In today’s digital age, it is imperative for both individuals and businesses to act quickly. Those holding physical immigration documents should visit the GOV.UK website for detailed guidance on creating UKVI accounts and obtaining their eVisas. By proactively engaging with these changes and leveraging digital resources, employers can improve compliance processes and better support their employees during this crucial transition.