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Updates to Right to work checks for sponsored workers coming from outside the UK- what checks are needed?

The updated UKVI  Employer’s guide to right to work checks has set out checks that must be completed on sponsored workers that have been sponsored from outside the UK, using a Defined CoS.  

In the past, workers would be issued with a vignette and a Biometric Residence Permit (BRP) which they had to collect from a Post Office. This has now changed as UKVI has ceased to issue BRPs. BRPs have been replaced with eVisas.  

Now, sponsored workers from overseas will still receive a vignette and will have ten calendar days from the date of arrival or before their vignette expires (whichever is later) to create a UKVI account to access their eVisa to prove they have a continuing right to work in the UK. 

 

Sponsors must conduct: 

  • A manual check and take a copy the stamped Entry Clearance Vignette showing entry to the UK after the “Valid from” date and before the “Valid to” date. If the worker came in through the e-gates and their vignette was not stamped, conduct a manual check of a non-stamped Entry Clearance Vignette together with a boarding pass (in paper or electronic form) showing entry to the UK  after the “Valid from” date and before the “Valid to” date.
  • If they need to start work for you prior to creating a UKVI account and accessing their eVisa, they will be able to evidence their right to work by producing the short validity vignette in their passport which they used to travel to the UK. You will need to conduct a manual right to work check on the basis of this vignette, which must be valid at the time of the check. Once they have their eVisa and prior to the 90 days expiring, you must repeat the check using the online service.  
  • If you employ someone on the basis of the short validity vignette and they are unable to access their eVisa or use the online service when the vignette expires, you are not required to immediately terminate the employment if you believe the employee continues to have the right to work. However, once the 90 calendar days has expired, you will not be able to establish a statutory excuse if it transpires that the employee is working illegally. It is therefore important that you time the worker’s arrival, start date and prompt them to create a UKVI account and access their eVisa as soon as possible.