Key Points
- The United Kingdom introduced new information and guidelines for employers seeking right-to-work check
Overview
On June 21, 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 expiration date do not need to take immediate action. They should conduct a repeat check before the visa expires
- Employers who manually checked original BRPs before April 6, 2022, and recorded December 31, 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 June 21, 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 UK government’s website for the latest updates and information.
Written by: Jessie Butchley, Global Immigration Writer, Envoy Global
Source: Home Office of the United Kingdom
