Biometric Residence Permits end on 31 December - what employers need to do

Here’s what we recommend all employers of non-settled workers do now to ensure they remain complaint with Home Office right to work check requirements and do not lose any statutory protection from civil penalties in the event of illegal working.

1. Conduct a review of the right to work checks held for all non-settled workers;
2. Identify which of those checks are of a BRP or BRC and provide for an expiry date of 31 December 2024*;
3. Agree upon how you will communicate to the relevant workers identified under 2, the steps that they need to take to provide you with a sharecode with which to conduct a repeat right to work check online**;
4. Carry out online right to work checks using the employer portal for all those individuals identified, on or before 31 December 2024 and retain appropriate records.

*Note that this should include workers whose immigration permission expires after 31 December 2024, but for whom the right to work check provides for an expiry date of 31 December 2024

**Some individuals may need to set up an eVisa account for themselves before they can generate a sharecode, so it is important to engage in this process as early as possible

For an overview of the implications and necessary steps for individuals and employees, please refer to our earlier update on the new eVisas

If you would like to speak to one of our Immigration solicitors to provide the briefing to employees in your workforce, either by video meeting or in person, please get in touch with one of our Business Immigration solicitors today.