Get in touch 0117 325 0526
Get in touch 0117 325 0526
The UK Visa & Immigration (UKVI) service has updated its guide to the right to work checks for sponsored workers (where they’ve been sponsored from outside the UK).
What’s changing?
Until now, workers have been provided with a vignette plus a Biometric Residence Permit (BRP). This has now changed with digitisation and BRP’s are being replaced with eVisas.
Such sponsored workers will still be provided with a vignette but they will also now need to create a UKVI account to access their eVisa and to prove they continue to have a right to work in the UK.
What does this mean for sponsors?
These changes will alter the way a sponsoring employer conducts its right to work checks. From now on, sponsors need to do the following;
1. Conduct a manual check by taking a copy of the stamped Entry Clearance Vignette. These show entry to the UK on a date between the ‘Valid from’ date and before the ‘Valid to’ date. If their vignette was not stamped, you will need to conduct a manual check of the non-stamped vignette and a boarding pass showing their entry to the UK (between the valid from and to dates outlined above).
2. If they are starting work with you before creating their UKVI account (so they won’t yet have an eVisa), they evidence their right to work by showing the short validity vignette in their passport which they used to travel to the UK. You’ll need to perform a manual right to work check using this vignette – which must be valid at the time of that check.
3. Once the sponsored worker has set up their UKVI account and has their eVisa, you must repeat the check using the online service. This much be done before the 90 calendar days expires.
4. If you employ someone on the basis of their short validity vignette and they are unable to use the online service or access their eVisa when the vignette expires you don’t have to immediately terminate their employment where you believe they continue to have the right to work. But, once the 90 days expires, you have no statutory excuse should it transpire that the employee is working illegally.
A Final tip from us:
Timing is critical to maintain compliance so we strongly recommend that you coordinate the worker’s arrival and start date, and then stress to your worker the importance of promptly creating their UKVI account to access their eVisa.
If you are considering sponsorship or would like immigration advice for your business, please speak with Lindsey Newman in the first instance; lindsey@menzieslaw.co.uk / 0117 325 0526
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