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Right to Work Checks after Biometric Residence Permits Phased Out

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| image 13th Aug 2024 | image 3Min. To Read

The Home Office has announced plans to discontinue biometric residence permits (BRPs) and physical immigration documents, as of January 1, 2025. This is a huge change to the way the immigration system works and will affect anyone undergoing identity checks and Right to Work checks to establish their status in the UK.

Many BRPs and biometric residence cards (BRCs) will expire on December 31, 2024, even when the has permission to stay in the UK after that date. This situation is down to post-Brexit issues around encryption of the information held in the documents. The government was expected just to update documents but has opted for a complete shift away from physical immigration documents.

What Documents Are Affected?

The Home Office plans to move to a system of digital recognition of immigration status using a new system called e-Visa. This will replace the following documents:

  • Biometric Residence Permits (BRP): Currently held by people with immigration permission longer than six months or those settled in the UK.
  • Biometric Residence Cards (BRCs): Held by some EU Settlement Scheme participants.
  • Vignette Stickers in Passports: Used for visitor visas for visa nationals and as initial facility for some applicants awaiting their BRP or BRC.
  • Stamped Endorsements in Passports: Held by individuals who settled in the UK long ago or had short-term immigration permission (six months or less) given on arrival at the border.

Register Now for Digital Identity and Immigration

During 2024, everybody with these physical documents will need to register for a UKVI account to get an eVisa showing immigration permission. Setting up these accounts allows users to generate a share code and allow employers, landlords and other parties to access their information.

Impact on Right to Work Checks

With the expiry of physical immigration documents at the end of 2024, individuals with limited immigration permission might need to go through the right to work checks again before that date rather than when their permission expires.

Through 2024, employers are being encouraged by the government to identify all workers who this new system applies to and start to reassess their right to work before the December deadline. They are also being asked to help workers with setting up their immigration online account, rather than leaving it to the end of the year when there is likely to be a rush of applicants.

Although the system is set to change at the end of 2024, this is still some time away and there will be a general election at some point in 2024 too, which could change everything. The details of how the system will work are still being ironed out, and employers are encouraged to stay informed and be prepared any challenged towards the end of 2024. There is information on the Home Office section of the government website. The government and other employers’ organisations have also voiced the possibility of running training and information sessions for anyone affected through the rest of 2024.