UK Changes to Right to Work Checks for Certain Statuses

On Friday, June 21, the UK Home Office published changes to the right to work check guidance for employers.

1. Right to work checks on BRPs short-dated to December 31, 2024
There is an ongoing Home Office transition to eVisas project which means that people with a physical immigration document such as a Biometric Residence Permit (BRP) will need to apply for an eVisa before the end of 2024. Anyone with a BRP expiring on December 31, 2024, whose UK visa is valid beyond that date will need to apply. BRP holders will need to register for a UK Visas and Immigration (UKVI) account. The eVisa is the online record of the immigration status contained in the UKVI account.

In relation to right to work checks for employees with a BRP short-dated to December 31, 2024, the new guidance confirms the following:

  • Online check.  Where an employer has carried out an online right to work check on a BRP, they will have seen the expiry date of the visa itself, rather than the short-dated December 31, 2024 BRP expiry date. In this situation, no immediate action is required. The usual repeat check can be made before the visa expires.
  • Manual original document check.  Before April 6, 2022, employers could carry out a manual right to work check on an original BRP.  Where the employer has carried out such a check and recorded December 31, 2024, as the right to work expiry date, the guidance says “a follow up check will be required” – an online right to work check – before the end of the year.

2. Employers do not need to do repeat right to work checks on employees with pre-settled status
A 2023 High Court judgment covered issues around EU citizens who have applied to the EU Settlement Scheme for pre-settled status (where they have not yet lived in the UK for five years) or settled status (when they have been living in the UK for five years). The judgment established that in accordance with the Withdrawal Agreement when the UK left the EU, pre-settled status holders do not lose their residency right if they fail to make a settled status application before the expiry of their pre-settled status.

As a result of the judgment, the Home Office right to work check guidance was updated on June 21, 2024, as follows:

  • No right to work expiry date for holders of pre-settled status. Where there are employees with pre-settled status, they are no longer considered to have an expiry date on their right to work.
  • No repeat right to work checks. Employers do not need to carry out a repeat right to work check on employees with pre-settled status. This puts them in the same position as employees with settled status and means employers only need to check the employee’s right to work once – before the employment starts.
Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.