As a result of the Home Office replacing physical biometric residence permits (BRPs) with digital immigration statuses (eVisas), the acceptable documents for right to work checks has been updated.
The guidance’s (Employer’s guide to right to work checks) key updates which took effect from 12 February 2025 include:
- Individuals who apply overseas and are granted permission to stay for more than six months in the UK will receive a vignette (sticker) in their passport which is valid for 90 days and allows them to travel to the UK. After they arrive, they must create a UKVI account, this can be done within ten calendar days or before the vignette expires (whichever is later). Previously, individuals had to collect a BRP to access their eVisa for proof of their right to work.
- If an individual needs to start working in the UK before they create their UKVI account and access their eVisa, employers can conduct a manual right to work check using the 90 day vignette. However, before the vignette expires, employers must complete a follow-up online right to work check to retain their “statutory excuse” against civil penalties for illegal working.
- If the individual cannot access their eVisa or there is a mistake with it before the vignette expires, they should contact the Home Office. Employers are not required to immediately terminate the individual’s employment if they believe the individual has an ongoing right to work in the UK, but they should contact the Employer Checking Service to request a Positive Verification Notice to maintain compliance.
Acceptable documents for manual right to work checks
The guidance now clarifies:
- A clipped British or Irish passport (which has corners of pages being cut or removed) is a cancelled document and therefore not cannot be used as proof of the right to work.
- A short or long birth certificate is acceptable only when accompanied by official proof of the individual’s name and National Insurance number from a government agency or a previous employer.