Key Points
- The United Kingdom introduced new information and guidelines for employers seeking right to work checks
Overview
On 21 June 2024, the government of the United Kingdom (UK) released updated guidance for employers on right to work checks:
- For employees with Biometric Residence Permits (BRPs) expiring on December 31, 2024:
- Those whose UK visas extend beyond this date must apply for an eVisa by the end of 2024 via a UK Visas and Immigration (UKVI) account.
- Employers who have already conducted online right to work checks on BRPs showing a later visa expiry date do not need to take immediate action. They should conduct a repeat check before the visa expiration.
- Employers who manually checked original BRPs before 6 April 2022, and recorded 31 December 2024, as the expiry date must perform a follow-up online check before year-end.
Changes regarding employees with pre-settled status:
- A 2023 High Court ruling clarified that EU citizens with pre-settled status under the EU Settlement Scheme do not lose their right to work if they do not apply for settled status before their pre-settled status expires.
- As of 21 June 2024, employees with pre-settled status no longer have an expiry date for right to work purposes.
Employers are not required to repeat right to work checks for employees with pre-settled status, aligning them with those with settled status, where checks are needed only once before employment begins.
Looking Ahead
Continue to check the government of the UK’s website and Envoy Global’s website for the latest updates and information.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at Corporate Immigration Partners, P.C., or another qualified professional of your choosing. On non-U.S. immigration issues, consult your Envoy representative, or another qualified representative of your choosing.
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