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Ahead of the digitalisation of the UK’s immigration process, construction employers and foreign workers are urged to consider the important changes
The UK Home Office will cease to issue physical biometric residence permits (BRPs) on 31 October, as it begins to transition the country’s immigration process to a fully digital system, phasing out physical documents in stages.
Current holders of physical permits will be required to register for an eVisa before the end of the year. While the process is generally straightforward, important considerations exist for both foreign workers and their employers.
The visa status and conditions of foreign workers will remain unchanged; however, the way they prove their immigration status is evolving.
Foreign workers holding BRPs
As the Home Office prepares for this shift, it has been issuing ‘short-dated’ BRPs that are set to expire on 31 December.
This means that individuals who hold a physical permit, but whose immigration status extends beyond this date, will need to create a UK Visas and Immigration (UKVI) account to access their digital status record – the eVisa – online.
Foreign workers holding physical permits must register for an eVisa by 31 December to be able to evidence their immigration status.
Failure to register will not result in loss of immigration status but will complicate the ability of immigrants to demonstrate their immigration status, resulting in challenges such as proving their right to rent or experiencing delays at the border when travelling.
Foreign workers holding physical permits must register for an eVisa by 31 December to be able to evidence their immigration status. Failure to register will not result in loss of immigration status but will complicate the ability of immigrants to demonstrate their immigration status
Process for foreign workers
Foreign workers should first create a UKVI account on the gov.uk website and confirm their identity using the UK Immigration ID Check app.
The process should take no more than 15 minutes, and can be completed with the following documents:
- Their BRP card
- A valid passport and their BRP number (if they have lost their BRP card)
- A valid passport and their visa application number (if they have lost their BRP card and do not know their BRP number)
There is no fee required by the government, and foreign workers will receive an email confirming access to their eVisa in their UKVI account.
Most individuals should be able to access their eVisa right away, but some may experience a delay if further government checks are needed.
Applicants should also reference this video from the Home Office, which further explains the process.
Maintaining UKVI accounts
Foreign workers should keep their details updated in their UKVI account, particularly when they obtain a new passport.
Failure to update passport details may result in delays when returning to the UK. Other important details include phone numbers, emails and addresses.
Employees requiring assistance with their UKVI account, or guidance about how to access their visa, should contact UKVI for additional support.
Next steps for foreign workers
Over the next several weeks, employers should contact all their foreign workers who are known to hold a physical permit for their immigration status and inform them that they will need to register for a UKVI account to access their eVisa.
The permit holders’ family members, including children, will also need to register for a UKVI account to access their eVisas.
Employers are also encouraged to turn to the Home Office’s resources on the process, found on the eVisa page.
Some foreign workers may already have a UKVI account. If they do, employers should advise them to check that their eVisa is visible in their account.
This group includes foreign workers who:
- Applied to the EU Settlement Scheme
- Used the UK Immigration: ID Check app to provide their identity when applying for a visa
- Created a UKVI account when applying for a visa
- Have already registered for a UVKI account
Currently, a small number of individuals who hold legacy documents, including those who hold indefinite leave to remain in the form of a vignette, first need to obtain a BRP before creating their UKVI account.
The expectation is that the Home Office system will soon be upgraded to allow these individuals to directly create a UKVI account.
It’s important to note that those who provided a share code to evidence their right to work may not have set up a UKVI account at the time.
Right to work
Construction firms may be required to conduct follow-up right to work checks on their employees if the following apply:
- The foreign worker holds a temporary time-limited immigration status
- The original check was carried out using the physical BRP
- The expiry date of their permission was not recorded at the time
These checks would have occurred before 6 April 2022, when online checks became mandatory.
Recent Home Office guidance confirms that no further check is required if the expiry date of the immigration permission (usually recorded on the letter of approval) was recorded during the initial check.
Future developments
These eVisas are one of many steps that the UK government is taking to digitise the UK immigration system.
Other steps include the Electronic Travel Authorisation scheme, set to launch in the first half of 2025 for all non-visa nationals (bar Irish nationals) who visit the UK, and an overhaul of the sponsor management system technology.
Sean Rhodes is a manager at Fragomen.
