Right to work checks

What is an eVisa?

An eVisa is a digital record of a person’s UK immigration status, replacing physical Biometric Residence Permits (BRPs) from 31st December 2024. Using the Home Office’s View and Prove system, it allows employers to check right-to-work status online, securely displaying conditions of stay, including work and rental rights.

Unlike physical documents, eVisas cannot be lost, stolen, or tampered with. While a passport remains necessary for travel, the eVisa is digitally linked to the passport registered with the UKVI account.

Employers have a legal duty to ensure that anyone working for them has the right to work in the UK. If an individual does not hold a British passport but is in the UK on a visa, such as a student, spousal, or skilled worker visa (including the Health and Care Worker Visa), they must now use the new online View and Prove system to prove their right to work.

Who needs an eVisa?

Foreign nationals holding UK work, study, or family visas must now transition to eVisas. Those with indefinite leave to remain or citizenship of the UK or Ireland do not need an eVisa, though they may opt for one if preferred. The change affects:

• BRP (Biometric Resident Permit) and BRC (Biometric Resident Card) holders
• Passport holders with indefinite leave to remain stamps or visa vignettes
• Individuals applying for long-term visas

Transition timeline

Since January 2020, BRPs have been issued with a 31 December 2024 expiry date, regardless of visa duration. To facilitate the transition, the Home Office has extended the BRP validity for travel until 1 June 2025, provided the individual holds valid immigration status (at the time of writing, this extension date remains under review).

How to access your eVisa

To access your eVisa, you must first create a UKVI account as follows:

1. Create a UKVI Account: Register with your email and phone number.
2. Confirm Identity: Use the UK Immigration ID Check app, your BRP number, or visa application number.
3. Link Your Passport: Ensure your passport details are up-to-date to avoid travel issues.

For further guidance on creating a UKVI account to access your eVisa, visit this page on the Gov.uk website.

The Home Office have also produced this video.

Right to work checks

Under the UK’s new digital immigration system, eVisas now serve as official proof of immigration status, including the right to work and rent, and for travel purposes.

Employers in the UK are legally required to conduct right-to-work checks on all new employees, regardless of nationality. These checks confirm that the individual has the legal right-to-work in the UK. Failure to carry out these checks properly may result in civil penalties, as employers will be unable to establish a statutory excuse if they are found employing individuals without the legal right-to-work.

To prove their right to work, employees holding an eVisa must generate a share code. Instructions on how to access an eVisa, and obtain a share code are now provided with Visa Approval Notices.

Steps for employees

1. Create a UKVI Account: Register through the Home Office’s View and Prove system (see above).
2. Request a Share Code: Select the appropriate reason for sharing information and receive a unique share code, which is valid for 90 days.
3. Provide the Code to Employers: Share the code and date of birth with the employer, allowing them temporary access to view your employment details.

Steps for employers

To check a worker’s right to work in the UK, the employer must visit the Home Office’s online Right to Work Check Service. Here, they must enter the worker’s share code and date of birth in order to verify their job eligibility, permitted work duration, and any applicable restrictions.

If a worker’s right to work is time-limited, the employer must make a record of this and complete a follow-up check before the visa expiration date.

In summary, employers must follow specific procedures to remain compliant:

• Request Share Codes: Ask new employees for a share code linked to their eVisa.
• Verify Status Online: Use the Right to Work Check Service on GOV.UK.
• Conduct Follow-Up Checks: Perform additional checks before visa expiration when required.

Support and resources

Further guidance and support is availble through the following resources:

• Create a UKVI Account: UKVI Account Setup
• Right to Work Guidance: Home Office Employer Guidance
• Immigration Status Help: Contact the Home Office Resolution Centre for technical support or if access to an eVisa account is lost.