BRP Expiring 2025: UK Immigration Guide & Actions

BRP Expiring 2025

IN THIS SECTION

If your Biometric Residence Permit (BRP) is set to expire on 31 December 2024 or at any time during 2025, you are not alone. Thousands of BRP holders across the UK have been issued cards with expiry dates that do not align with the actual validity of their immigration status. This widespread issue has caused confusion among visa holders, employers, landlords, and organisations responsible for conducting right to work and right to rent checks.

The Home Office has confirmed that these BRP expiry dates are linked to planned system upgrades and the government’s transition towards a fully digital immigration status system. As a result, while the physical BRP card may show an imminent expiry date, your underlying immigration permission might remain valid beyond that date. However, it is a legal requirement for individuals to maintain valid proof of their immigration status at all times. An expired BRP, even if the immigration status remains valid, can present serious issues in evidencing your right to work, rent, or travel. The inability to provide acceptable evidence could result in denied employment, housing, or entry into the UK, regardless of the fact that your status is technically valid.

This article provides a comprehensive guide for BRP holders whose permits are expiring in 2025. It explains why BRPs have been issued with limited expiry dates, how the transition to the digital eVisa system impacts you, and what steps you must take to maintain your legal status. We will cover the legal implications of BRP expiry, the Home Office’s guidance on replacing BRPs, the application process for a new BRP or eVisa, and key considerations for employers and HR professionals managing right to work compliance.

By the end of this guide, you will have a clear understanding of the deadlines, legal obligations, and actions required to ensure compliance with UK immigration and employment law as the government phases out physical BRP cards in favour of digital status records.

 

Section A: Understanding BRP Expiry Dates

 

Many BRP holders have been left confused by the expiry date printed on their Biometric Residence Permit, especially when it does not reflect the actual end date of their visa or immigration permission. This section explains why so many BRPs are expiring on 31 December 2024 or during 2025, the technical reasons behind these expiry dates, and how this links to broader changes in the Home Office’s immigration systems. Understanding these factors is essential to avoid unnecessary concern and to take the correct actions.

 

What is a Biometric Residence Permit (BRP)?

 

A Biometric Residence Permit (BRP) is a physical card issued by the Home Office to non-UK nationals as evidence of their immigration status, including entitlements such as the right to work, study, and access services. The BRP is currently a mandatory document for evidencing lawful status under the Immigration (Restrictions on Employment) Order 2007 and the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 for employment and renting purposes respectively. The card includes key personal information such as the holder’s name, date of birth, immigration status, and visa expiry date. Importantly, the BRP itself is not the grant of leave but serves as the primary proof of lawful residence for compliance checks.

 

Why Many BRPs Show Expiry Dates of 31 December 2024

 

Many BRPs have been issued with an expiry date of 31 December 2024 due to EU regulations requiring new encryption technology to be embedded in residence permits. The Home Office has confirmed that the current BRP cards do not meet these updated security standards. Rather than conducting a costly and complex recall of all existing BRPs, the UK government decided to issue cards with a uniform expiry date aligned to the end of 2024, as a temporary measure while preparing for a full digital migration.

 

BRPs Expiring in 2025: Home Office System Changes Explained

 

In some cases, BRPs have been issued with expiry dates extending into 2025. This typically arises from applications processed later in the system or specific individual circumstances. Regardless of whether a BRP expires in December 2024 or sometime in 2025, the broader context remains the same: the Home Office is moving towards a digital immigration status platform, known as an eVisa. This system will replace physical BRP cards, providing individuals and organisations with a secure online method to prove immigration status without the need for a physical document.

However, it is critical to understand that even though your actual immigration status may remain valid beyond the expiry of your BRP, you must have acceptable and verifiable proof of status for legal purposes. Employers, landlords, and carriers (airlines) are under legal obligations to ensure individuals have valid documentation. Under the UK Carrier Liability Act, transport operators may refuse boarding if you are unable to present acceptable proof of immigration status, even if your leave to remain is still valid in the Home Office system.

 

Summary Conclusion for Section A

BRP expiry dates in 2024 and 2025 are largely administrative placeholders linked to the government’s transition to digital immigration records. While these expiry dates do not automatically affect your immigration status, failure to maintain acceptable proof of status could result in significant legal and practical issues. Understanding the Home Office’s phased transition and ensuring you are prepared to evidence your lawful status digitally is essential. The next section will examine the legal implications of BRP expiry and the risks of failing to take timely action.

 

Section B: Legal Implications of BRP Expiry

 

While the expiry date on your BRP may be a result of technical system limitations, the legal implications of an expiring BRP should not be underestimated. There is often confusion about whether an expired BRP affects a person’s lawful immigration status. This section explains how BRP expiry interacts with your actual immigration permission, the risks of inaction, and the practical consequences for right to work, right to rent, and travel, in line with UK immigration and employment law.

 

Does a BRP Expiry Affect Your Immigration Status?

 

An expiring BRP card does not automatically affect your immigration status. If your visa, Indefinite Leave to Remain (ILR), or other immigration permission is valid beyond the BRP’s expiry date, your status remains legally intact. The BRP is a physical document evidencing your status—it is not the status itself. However, under UK law, you are required to maintain valid evidence of your lawful status at all times, especially for compliance checks relating to employment, housing, and travel.

 

Legal Risks of Failing to Renew or Update Your BRP

 

Employers are legally required to conduct right to work checks under the Immigration (Restrictions on Employment) Order 2007, while landlords must conduct right to rent checks under the Immigration Act 2014 and related regulations. The BRP remains one of the key acceptable documents for these checks. If your BRP has expired and you have not yet transitioned to a digital eVisa, you may face difficulties proving your lawful status to third parties, potentially resulting in denied employment, rental opportunities, or services.

For employers and landlords, failing to verify valid proof of status could result in civil penalties of up to £60,000 per illegal worker or tenant (as increased in 2024), unless they can demonstrate they conducted a compliant check in line with the Home Office’s Code of Practice on Preventing Illegal Working or Preventing Illegal Renting. Even if an individual’s immigration status remains valid, the absence of acceptable proof of status—such as an in-date BRP or a valid eVisa—could lead to refusal of employment or tenancy, and for the employer or landlord, significant compliance risks.

 

Compliance with Equality Act 2010 and Discrimination Risks

 

Employers must also be mindful of their obligations under the Equality Act 2010, ensuring they do not discriminate against individuals based on the expiry of a BRP or assumptions about their immigration status. For example, refusing to employ someone solely because their BRP is expiring—when they have valid status—could amount to indirect discrimination unless properly justified and handled in accordance with Home Office guidance.

 

Implications for Travel and Carrier Liability

 

There are also important international travel implications. Under the UK Carrier Liability Act, transport operators can be fined for allowing individuals to travel without valid immigration documentation. As such, airlines may refuse boarding if you present an expired BRP, even if your status is valid. This risk highlights the need for individuals to maintain up-to-date, verifiable proof of their status, particularly when travelling internationally. If you are awaiting a replacement BRP or transition to eVisa, it is advisable to carry evidence of your application or contact the Home Office’s Status Verification, Enquiries and Checking (SVEC) service to obtain confirmation of your lawful status.

 

Summary Conclusion for Section B

 

An expiring BRP does not directly impact your lawful immigration status, but it can create serious issues in proving your rights to work, rent, and travel. Failure to maintain valid proof of status could lead to legal consequences for both individuals and employers, including civil penalties and denied services. Taking proactive steps—such as transitioning to an eVisa when invited, retaining evidence of pending applications, and understanding legal duties—is essential for compliance. The next section explains the Home Office’s official guidance on BRP replacements and the steps required to manage your proof of status.

 

Section C: Home Office Guidance on BRP Replacements

With thousands of BRP holders facing expiry dates in 2024 and 2025, the Home Office has issued clear guidance outlining how individuals should prepare for the transition from physical BRP cards to digital immigration status, known as an eVisa. Understanding this guidance is essential to ensure you take the correct legal steps to maintain valid proof of your immigration status and avoid disruptions to employment, housing, or travel. This section explains the Home Office’s approach, the eVisa rollout process, deadlines for action, and how to check your current status online.

 

Digital Status and the eVisa Rollout

 

The Home Office is in the process of phasing out physical BRP cards as part of its wider digitalisation of immigration status records. The transition to a digital immigration status—known as an eVisa—is intended to provide a secure, online system where individuals can manage and prove their status through a UKVI account. Once you have been issued with an eVisa, your BRP will no longer be required as evidence of status.

 

Do You Need to Apply for a Replacement BRP?

 

If your BRP is expiring on 31 December 2024, the Home Office has advised that you do not need to apply for a replacement BRP unless explicitly instructed. Instead, the Home Office will contact you when it is time to create a UKVI account and transition to an eVisa. This process will be rolled out in phases during 2024 and 2025. It is essential to ensure your contact details with UKVI are accurate and up to date to receive these notifications. Failure to respond to Home Office correspondence could leave you without valid proof of status when your BRP expires.

For BRPs expiring in 2025, the guidance remains broadly the same. You should not apply for a replacement BRP unless the Home Office advises you to do so. Your immigration status remains valid, but your BRP will not be reissued beyond the system’s technical cut-off. You will be invited to create a UKVI account and receive a digital eVisa, which will serve as your official proof of status going forward.

 

Checking Your Current Status Online

 

In the meantime, individuals can check their current immigration status online using the Home Office’s ‘View and Prove Your Immigration Status’ service. This platform allows individuals to view their current status, generate a share code to provide to employers, landlords, or other third parties, and verify rights such as the right to work or rent. Until you have transitioned to an eVisa, your physical BRP remains the primary proof of your lawful status and must be used for compliance checks.

 

BRPs Will Not Be Reissued After eVisa Transition

 

It is important to note that once you have been transitioned to a digital eVisa, you will no longer be issued with a physical BRP in the future, including for Indefinite Leave to Remain (ILR) holders. Your UKVI account will be the sole method for evidencing your status. This change requires individuals to become familiar with managing and accessing their status online, ensuring they are able to provide real-time evidence to employers, landlords, or when travelling.

 

Lost, Stolen, or Damaged BRPs

 

For individuals who lose their BRP, or whose BRP is damaged or stolen before they transition to an eVisa, the Home Office requires you to report the loss immediately and apply for a replacement using the GOV.UK online service. Failure to replace a lost or stolen BRP could result in civil penalties and significant difficulties in proving lawful status.

 

Summary Conclusion for Section C

 

The Home Office’s guidance on BRP replacements is clear: BRP holders should not apply for a replacement card simply because it is expiring in 2024 or 2025. The shift towards eVisas will replace the need for a physical BRP, but individuals must ensure they keep their contact details up to date and respond promptly to Home Office communications. For those with lost, damaged, or stolen BRPs, it remains a legal requirement to report and replace the card until you transition to an eVisa. In the next section, we will outline the practical steps for applying for a BRP replacement where necessary, including application procedures, fees, and handling delays.

 

Section D: How to Renew or Replace Your BRP

While most BRP holders with expiry dates in 2024 or 2025 will not need to apply for a replacement card and will instead transition to a digital eVisa, there are specific situations where individuals are still legally required to apply for a BRP replacement. This section explains when a replacement is necessary, outlines the official Home Office application process, details the associated fees and processing times, and advises on how to manage delays while ensuring you remain legally compliant.

 

When Do You Need to Apply for a Replacement BRP?

 

If your BRP is lost, stolen, damaged, or expires before you have been invited to transition to an eVisa, you must report this immediately and apply for a replacement. Under UK immigration law, it is a legal requirement to report a lost or stolen BRP within three months and to apply for a replacement without delay. Failure to do so can result in a civil penalty of up to £1,000, and you may be considered to be in breach of your immigration conditions.

If your BRP is expiring in 2025 and your underlying immigration status is still valid, you do not need to apply for a replacement solely because of the expiry date, unless you are explicitly instructed by the Home Office. However, if the BRP is lost, damaged, or stolen, or if it expires before your transition to an eVisa, you must follow the replacement process.

 

How to Apply for a Replacement BRP

 

The application for a replacement BRP is completed online through the GOV.UK ‘Replace Your Biometric Residence Permit’ service. You will need to provide personal details, information about your lost, stolen, or expiring BRP, and upload supporting documents where applicable. In cases where the BRP is lost or stolen, you will also need to provide a police crime reference number or report to the Home Office directly through their reporting service.

As part of the application process, you may be required to attend a UK Visa and Citizenship Application Services (UKVCAS) appointment to provide biometric information, including fingerprints and a facial photograph. You will receive instructions during the application process if an appointment is necessary.

 

Fees and Processing Times

 

The Home Office fee for a BRP replacement application is £56. Additional fees may apply if you opt for priority or super-priority processing, or if you book a premium appointment through UKVCAS. Standard processing times for BRP replacement applications are up to 8 weeks from the date of biometric enrolment. However, applicants should be aware that processing times can vary depending on demand and individual case complexity.

 

What to Do if Your Application is Delayed

 

If you are awaiting a BRP replacement and encounter delays, it is essential to retain all evidence of your application, including confirmation emails, payment receipts, and any correspondence with the Home Office. In urgent situations where you need to evidence your lawful status to an employer, landlord, or for travel purposes, you may contact the Home Office’s Status Verification, Enquiries and Checking (SVEC) service to request confirmation of your status while your replacement application is being processed.

Employers and landlords can also utilise the SVEC service to verify an individual’s right to work or rent if the individual is unable to provide valid documentation due to BRP replacement delays. This process enables compliance to be maintained while awaiting updated evidence.

 

Summary Conclusion for Section D

 

While most BRP holders will not need to apply for a replacement solely because of an impending expiry, it remains a legal obligation to report and replace BRPs that are lost, stolen, or damaged. Following the correct application process, retaining evidence of your actions, and utilising the SVEC service where necessary will ensure you remain compliant with UK immigration requirements during this period of transition. In the next section, we will explore special considerations for specific visa categories, including ILR holders, EU Settlement Scheme participants, and those on work and study routes.

 

Section E: Special Considerations

While the general Home Office guidance on BRP expiry and eVisa transition applies to most visa holders, certain categories of migrants face unique considerations due to their specific immigration status or route. These include individuals with Indefinite Leave to Remain (ILR), participants in the EU Settlement Scheme (EUSS), and visa holders on routes such as Skilled Worker and Student visas. This section explores the particular issues and legal obligations relevant to these groups to ensure they remain compliant and fully prepared for the BRP phase-out.

 

ILR Holders: No More BRPs After eVisa

 

Holders of Indefinite Leave to Remain (ILR) with BRPs expiring in 2025 often question whether they need to apply for a new BRP. The Home Office has confirmed that ILR status itself is not affected by the expiry of the BRP card. However, it is crucial to understand that ILR holders must still maintain valid proof of their status for legal compliance with right to work, right to rent, and identity verification purposes. ILR holders will be transitioned to a digital eVisa and, once issued, no physical BRP will be provided again in the future. It is therefore essential for ILR holders to respond promptly to Home Office invitations to create a UKVI account for their eVisa and ensure their contact details are up to date.

 

EU Settlement Scheme (EUSS) Holders

 

For individuals under the EU Settlement Scheme (EUSS), the situation is slightly different. The majority of EUSS holders were granted digital status from the outset and do not possess a physical BRP. However, a small minority—especially family members of EUSS holders—may have been issued a BRP as proof of their immigration status. These individuals will also be required to transition to an eVisa. It is essential for EUSS BRP holders to monitor their UKVI account and be prepared for Home Office communications regarding their digital status update.

 

Skilled Worker, Student and Other Limited-Time Visa Holders

 

For those on Skilled Worker, Student, or other time-limited visa routes, it is common for the BRP expiry date to not match the validity period of their visa. For example, a Skilled Worker visa holder may have permission until 2026, but their BRP may still expire in 2025. In these cases, there is no need to apply for a replacement BRP simply due to the expiry date. Instead, these individuals will be invited to transition to an eVisa in due course. However, it remains the individual’s responsibility to ensure they maintain valid evidence of their status throughout this period.

 

Obligations for Sponsor Licence Holders

 

Employers who hold a Sponsor Licence under the Skilled Worker route have additional compliance duties. Sponsors must maintain up-to-date records of their sponsored workers’ right to work and immigration status, including evidence of digital status once eVisas are issued. Failure to comply with these duties can result in Home Office enforcement action, including suspension or revocation of the Sponsor Licence.

 

Pending Applications and Complex Cases

 

Special attention must also be given to individuals with pending applications, appeals, or complex immigration cases. If you have a pending application and your BRP expires during this period, you should retain proof of your application submission (such as the UKVI acknowledgment letter or online confirmation) and follow any specific instructions provided by the Home Office. You may also request status confirmation through the Home Office’s SVEC service to provide evidence of lawful status to employers or landlords.

 

Summary Conclusion for Section E

 

Different visa categories present unique considerations when it comes to BRP expiry and transitioning to a digital eVisa. ILR holders, EUSS participants, Skilled Worker visa holders, and students must understand their specific obligations, including the permanent shift to digital proof of status. Sponsor employers must also ensure they are fulfilling their compliance duties, maintaining accurate records, and assisting employees through this transition. In the next section, we will address common questions and practical issues BRP holders face as they navigate the expiry process and move towards digital status verification.

 

 

Section F: Legal and Practical Tips for Employers

 

For UK employers, the expiry of employees’ BRPs in 2024 and 2025 presents specific compliance challenges, particularly regarding right to work checks and maintaining lawful employment practices. With significant civil penalties for non-compliance, it is crucial for employers to understand how BRP expiry affects their duties, the correct procedures for verifying immigration status, and how to navigate the transition to digital status while avoiding discriminatory practices. This section provides practical guidance aligned with UK immigration law, employment law, and Home Office Codes of Practice.

 

Right to Work Checks and Legal Obligations

 

Employers are legally required to conduct right to work checks on all employees to ensure they have the lawful right to work in the UK. This obligation arises under the Immigration, Asylum and Nationality Act 2006 and the Immigration (Restrictions on Employment) Order 2007. The Home Office Code of Practice on Preventing Illegal Working sets out how employers can establish a statutory excuse against a civil penalty by conducting compliant checks.

A BRP is currently an acceptable document for proving right to work. However, with the upcoming expiry of thousands of BRPs in 2024 and 2025, employers must avoid assuming that an expiring BRP means an individual’s immigration status is also expiring. The BRP is merely a proof of status document. Employers must focus on verifying the employee’s actual immigration status using the most up-to-date methods, particularly as the Home Office transitions towards digital eVisas.

 

Using the Online Right to Work Check Service

 

The Home Office strongly encourages employers to use the online right to work check service, which allows real-time verification of an individual’s immigration status using a share code generated by the employee. Online checks are considered more reliable and are recommended over manual document inspections, especially during the BRP expiry transition period. Employers who conduct an online check and retain evidence of the result will establish a statutory excuse in the event of enforcement action.

 

Civil Penalties and Compliance Risks

 

Employers must also be mindful of the increased civil penalties for employing illegal workers. From 2024, the maximum penalty has increased to £60,000 per illegal worker. Failing to conduct a compliant right to work check or relying on an expired BRP without verifying the employee’s digital status could expose businesses to substantial fines, loss of Sponsor Licence (if applicable), and reputational damage.

 

Avoiding Discrimination Under the Equality Act 2010

 

It is equally important for employers to avoid unlawful discrimination. Under the Equality Act 2010, employers must ensure they do not discriminate against individuals based on their perceived immigration status. For example, refusing to hire or retain an employee simply because their BRP is expiring—when they have valid status—could result in a discrimination claim. Employers must ensure that staff responsible for right to work checks are trained to distinguish between a document expiring and the employee’s actual immigration status.

 

Additional Duties for Sponsor Licence Holders

 

Employers who are Sponsor Licence holders under the Skilled Worker route have additional duties. Sponsors must maintain up-to-date records of their sponsored workers’ right to work and immigration status, including evidence of digital status once eVisas are issued. Failure to comply with these duties can result in Home Office enforcement action, including suspension or revocation of the Sponsor Licence.

 

Record-Keeping and Data Protection

 

Record-keeping is another critical compliance area. Employers must retain evidence of every right to work check they conduct—whether manual or digital—for the duration of employment and for at least two years after employment ends. This documentation must be stored securely and in line with data protection obligations under the UK GDPR and Data Protection Act 2018.

 

Using SVEC for Status Verification

 

In situations where an employee’s BRP has expired and they have not yet received their eVisa or replacement, employers may contact the Home Office Status Verification, Enquiries and Checking (SVEC) service to confirm the employee’s status. Using SVEC provides employers with an additional layer of protection by ensuring status verification directly from UKVI records.

 

Proactive Communication and Policy Updates

 

Proactive communication with employees affected by BRP expiry is highly recommended. Employers should encourage employees to ensure their UKVI contact details are accurate, guide them on generating share codes, and offer support in navigating the transition to digital proof of status. Clear internal policies and procedures should be in place to manage BRP expiry cases, ensuring compliance is maintained throughout.

 

Summary Conclusion for Section G

Employers must approach BRP expiry within their workforce with a clear understanding of their legal compliance obligations and the Home Office’s shift towards digital status verification. Using the online right to work check service, avoiding discriminatory practices, maintaining accurate records, and leveraging SVEC when needed are essential steps to navigating this period of transition. Sponsor Licence holders must be particularly vigilant in updating records and supporting sponsored workers through the eVisa rollout. The final section of this guide will summarise the key actions individuals and employers should take to remain compliant as the UK phases out physical BRP cards.

 

Frequently Asked Questions (FAQs)

 

Does the expiry of my BRP mean my visa is expiring?

No. The expiry of your BRP card does not automatically affect the validity of your immigration status. Your visa or leave to remain is determined by the Home Office’s grant of permission, not the date on the BRP. However, you are legally required to hold valid evidence of your status. Without a valid BRP or eVisa, you may face issues proving your right to work, rent, or travel, even if your status is legally valid.

 

Do I need to apply for a new BRP if it expires in 2025?

In most cases, no. If your BRP is expiring in 2025 and your immigration permission remains valid, you should not apply for a replacement unless instructed by the Home Office. You will be contacted by UKVI when it is time to transition to a digital eVisa. Ensure your contact details are up to date with UKVI to receive this notification.

 

Can I travel abroad if my BRP is about to expire?

It is strongly advised to avoid travelling close to or after your BRP expiry date unless you have secured an eVisa or alternative proof of status. Under the UK Carrier Liability Act, airlines and transport operators can refuse boarding if you do not present valid proof of immigration status. If urgent travel is necessary, you should carry additional documentation, such as a share code or status verification confirmation from the Status Verification, Enquiries and Checking (SVEC) service.

 

How will I know when to switch to an eVisa?

The Home Office will contact you directly when it is time to create a UKVI account and transition to a digital eVisa. This notification will typically be sent via email or post. You do not need to apply for an eVisa until formally invited. Keeping your contact details updated with UKVI is essential to ensure you do not miss this notification.

 

Do employers need to conduct a new right to work check if an employee’s BRP is expiring?

No. Employers who have conducted a compliant initial right to work check and retained evidence are not required to conduct a repeat check solely because a BRP is nearing expiry. However, employers are encouraged to use the Home Office online right to work check service for real-time verification. Employers must ensure their procedures comply with the Equality Act 2010 to avoid discrimination against individuals based on document expiry assumptions.

 

What happens if I lose my BRP before 2025?

If your BRP is lost, stolen, or damaged, you must report it to the Home Office immediately and apply for a replacement within three months. Failure to do so may result in a civil penalty of up to £1,000. While awaiting a replacement, you should retain evidence of your application and, where necessary, request status confirmation from SVEC for employment or rental checks.

 

Can I still use my BRP after receiving an eVisa?

No. Once you have been issued a digital eVisa and have created your UKVI account, your BRP becomes redundant. From that point, you will use your digital status to prove your right to work, rent, or travel. The Home Office will not issue a new physical BRP after you have transitioned to an eVisa.

 

Conclusion & Next Steps

 

The expiry of Biometric Residence Permits (BRPs) in 2024 and 2025 marks a significant transition in how immigration status is evidenced in the UK. While the expiry date on your BRP may not affect the validity of your underlying immigration status, it is a legal requirement to maintain valid proof of status for right to work, right to rent, and identity verification purposes. Failure to do so can result in serious practical and legal consequences for both individuals and employers.

The Home Office’s phased rollout of the digital eVisa system will replace the need for physical BRP cards. BRP holders will be invited to create a UKVI account and access their eVisa, which will serve as the official proof of their immigration status going forward. Once transitioned, individuals will no longer be issued a BRP in the future. It is therefore essential to monitor Home Office communications and ensure your contact details are up to date.

Employers must remain vigilant in fulfilling their legal duties under the Immigration, Asylum and Nationality Act 2006, the Immigration (Restrictions on Employment) Order 2007, and the Equality Act 2010. The use of the Home Office online right to work check service will become increasingly important as digital verification becomes the standard. Employers must ensure right to work checks are conducted compliantly, avoid discriminatory practices, and maintain thorough record-keeping to establish a statutory excuse against civil penalties, which now stand at up to £60,000 per illegal worker.

 

Next Steps for Individuals

  • Ensure your contact details with UKVI are up to date.
  • Monitor Home Office communications regarding the eVisa transition.
  • Report any lost, stolen, or damaged BRPs immediately and apply for a replacement.
  • Use the Home Office’s ‘View and Prove Your Immigration Status’ service to share proof of your status with third parties.
  • Seek assistance from the Status Verification, Enquiries and Checking (SVEC) service if you are unable to evidence your status due to delays or issues.

 

Next Steps for Employers

  • Conduct compliant right to work checks using the Home Office online services.
  • Communicate with employees whose BRPs are expiring to ensure awareness and readiness for the eVisa transition.
  • Maintain accurate and secure right to work records.
  • Update internal HR policies to reflect the shift to digital status verification.
  • Ensure Sponsor Licence compliance where applicable by monitoring employees’ proof of status and maintaining up-to-date records.

 

Given the evolving nature of immigration processes, individuals and employers are advised to regularly check the Home Office’s official guidance on BRP expiry and eVisa implementation to stay informed of any changes. The legal obligations around status verification will continue to develop as the digitalisation programme progresses, making ongoing vigilance essential for compliance.

 

Glossary of Terms

 

Term Definition
Biometric Residence Permit (BRP) A physical card issued by the Home Office to non-UK nationals as evidence of their immigration status, including entitlements to work, study, and access services.
eVisa A digital immigration status record accessible through a UKVI account, replacing the need for a physical BRP card.
UKVI (UK Visas and Immigration) The division of the Home Office responsible for managing the UK’s immigration system and issuing visas and status documentation.
Indefinite Leave to Remain (ILR) An immigration status granting permanent residency rights in the UK, allowing individuals to live and work in the UK without time restrictions.
EU Settlement Scheme (EUSS) A scheme for EU, EEA, and Swiss citizens and their family members to apply for settled or pre-settled status to continue living in the UK post-Brexit.
Right to Work Check The legal process by which employers verify that an individual has the legal right to work in the UK, using either physical documents or the Home Office online service.
Right to Rent Check A legal requirement for landlords to verify that prospective tenants have the right to rent property in the UK.
UKVI Share Code A unique code generated through a UKVI account that allows individuals to share their digital immigration status with employers, landlords, or other third parties.
UKVCAS (UK Visa and Citizenship Application Services) Centres where applicants provide biometric information as part of their immigration or BRP application process.
Statutory Excuse A legal defence available to employers and landlords who can demonstrate they conducted proper right to work or right to rent checks in line with Home Office guidance.

 

Useful Links & Resources

 

Resource Link
View and Prove Your Immigration Status (eVisa Service) https://www.gov.uk/view-prove-immigration-status
Replace a Biometric Residence Permit (BRP) https://www.gov.uk/biometric-residence-permits/replace
Report a Lost or Stolen BRP https://www.gov.uk/biometric-residence-permits/lost-stolen
Home Office Right to Work Check Service https://www.gov.uk/view-right-to-work
Home Office Right to Rent Check Service https://www.gov.uk/view-right-to-rent
Update Your Details with UKVI https://www.gov.uk/ukvi-contact-details
UKVI Account Creation Guidance https://www.gov.uk/guidance/using-your-uk-visas-and-immigration-account
BRP Expiry Guidance (Home Office Official Page) https://www.gov.uk/biometric-residence-permits

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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