eVisas and what they mean for recruitment

• National Insurance Number (NINo) 
• Sponsorship Management System (SMS) 
• Right to Work (RTW) 
• Certificate of Sponsorship (CoS)
• Biometric Residence Permit (BRP)
• Electronic Staff Record (ESR) 
• Employers checking service (ECS)
• Positive verification notice (PVN)
• Electronic Travel Authorization (ETA) 
• Indefinite Leave to Remain (ILTR) 
• No Time Limit applications (NTL)
• Foreign, Commonwealth and Development Office (FCDO)
• Department of Work and Pensions (DWP) 

NEW: Q: Current information that employers can view on their version of the share code does not include elements currently viewable on the BRP (such as CoS certificate number, visa type, and date of entry). Why have these elements been removed as they are needed to maintain sponsorship duties?

A: The Home Office continues to modernise and digitise the right to work scheme, working with employers to simplify checks and processes where possible. Technology is being harnessed, meeting customer needs and supporting the department’s move towards a secure, digital by default immigration system.   

The Home Office is aware that employers would like to see additional information on the output from the online right to work checking service for those individuals with permission to stay under a sponsored immigration route. The outputs provided to third-party checking organisations from their suite of digital status services are based upon the principles of user research and data minimisation. For the right to work scheme, this means the information provided is only what is necessary to enable the employer to obtain a statutory excuse. For these reasons, the Home Office doesn’t currently provide information such as an individual’s visa type, date of birth or nationality.

Additional information that is currently available on BRPs (including visa type and NINO) are currently not available to view by the employer but are viewable to the individual on their eVisa profile. 

The Home Office will continue to engage with employers and their representative bodies, to evaluate safeguards and ensure the right to work scheme remains in step with broader pre-employment checking responsibilities and processes, and utilises technological enhancements to our online checking services where appropriate. 

Where necessary, employers are able to seek additional information or supporting documentation from sponsored workers to comply with their sponsorship requirements.

NEW: Q: Will individuals applying for a skilled worker visa be auto issued with an national insurance number (NINO) when the BRP is not issued (it was on the reverse)?

A: If the individual’s NINO was on their BRP, it will also appear on their eVisa. 

Not all eVisas will have a NINO included, as this will depend on the date the individual obtained their eVisa and their eVisa status. 

Where necessary, employers can ask for individuals to provide their NINO separately. 

For individuals that need to apply for a NINO from the DWP, they can only do that if they don’t have one yet on their eVisa and are working or planning to work. 

NEW: Q: If we have a candidate whose passport that was linked to their UKVI account has expired, and they have provided us with a new passport, do we wait until they update their UKVI account? If we check a share code, would it be successful? 

A: If the individual has a valid immigration permission, then they are able to generate a share code. 

It is important that individuals keep their details on their eVisa (UKVI account) up to date. For example, if their new passport is not on their eVisa then this could lead to delays when they are travelling in and out of the UK.

If an individual presents an expired passport, the employer would need to use the employer checking service to validate the person’s identity and get a positive verification check.

NEW: Q: If a resident doctor in training is required to be sponsored by NHS England to enable them to commence training, how do we know if the share code is correct if there’s no visa information on the share code?  

NEW: Q: Do EU settlement employees need an eVisa?

A: Individuals with status under the EU Settlement Scheme already hold an eVisa, which they were issued at the time they were granted status. They will need to keep their UKVI account up to date with passport information and travel documents for travel.

NEW: Q: Will there be an alternative way to apply for and access an eVisa as currently only some types of phones can support the app? We are having issues with individuals not having compatible devices. How is this physically accessed, is it on phone or where?

A: The Identity Check App page on GOV.UK provides minimum requirements for devices. Identity check as part of the application will need to be done on a phone. Other avenues are available to support people in their application, including community support for vulnerable people. Once generated, eVisas can be accessed on other devices such as computer. 

Q: If an applicant is coming from outside of the UK, will their share code be issued while they are still outside or will it be upon landing in the UK?

A: If applying outside the UK they will get a vignette to allow for travel, but as part of the process they will also be asked to create the UKVI account. 

NEW: Q: Has this eVisa transition been well updated/ communicated to other countries immigration authorities? When clearing immigration in other countries, a physical BRP is asked for them to verify.

A: The Home Office has and continues to engage on the transition to a digital by default immigration system, including on the decommissioning of BRP/Cs and the introduction of eVisas, with a wide range of stakeholders, including foreign governments and their embassies. This includes working with FCDO posts overseas.

The Home Office has developed technology to enable carriers to check immigration status automatically via system checks. Commercial carriers have been integrated with Home Office systems, enabling them to send data on individual travellers to the Home Office and receive messages that will be used to confirm a passenger’s permission to travel.

When they are still held, people should continue to carry valid physical immigration documents with them when they travel internationally. Expired BRPs/BRCs are able to be accepted while travelling until 31 March 2025.

If for any reason the carrier does not receive confirmation of the passenger’s immigration status, they will be able to check this using the ‘view and prove’ service or the carrier can contact the 24/7 Carrier Support Hub for advice.

People are strongly advised to check their travel document before travelling overseas. Full guidance on how to do this is available on Update your UK Visas and Immigration account details: Overview - GOV.UK.

NEW: Q: What are the plans to update guidance around individuals in the transition process, such as travelling and airport check-in?

A: The Home Office continues to update guidance to reflect the move to eVisas at relevant milestones. This includes where documents are able to be continued to be used.

Q: What if someone already has a UKVI account created during previous visa application? What happens once the individual applies for citizenship?

A: If someone already has a UKVI account created during previous visa application, then they already have an eVisa. 

For example, if the individual already has indefinite leave to remain, they will have already created a UKVI account. If the account needs updating, this will be outlined in the decision letter. Depending on when and how people apply they may still need to create an account. Those that applied using the Identity Check App will have already integrated information. 

The individual would no longer hold a visa as they are now a citizen.

NEW: Q: Can the main visa holder create a child dependent UKVI account while overseas/the child is overseas? 

A: Yes, a parent, guardian or career is able to create an account on behalf of the child via proxy.

Q: Are BRPs still going to be issued for any applications that were in progress prior to 31st October? 

A: Only BRPs with a decision made before the deadline of 31 October 2024 will be issued. For any decisions made after this date, individuals will receive instructions on how to create their UKVI account in their decision letter. 

Q: If someone is assigned a BRP before the 31 October but they are due to arrive in December - will they still get a BRP?

A: If the individual had a decision made before the 31 October 2024, they will be issued with a BRP. However, their BRP will still expire at the end of December 2024 and they will need to create a UKVI account and access their eVisa.   

Q: If they are using BRP as their Identity document, should they keep hold of the current BRP while traveling?

A: If the BRP is still valid, and they also have an eVisa account, individuals are encouraged to retain both.

In 2025, individuals will need to travel on their eVisa and keep their account up to date with a valid linked passport. 

Expired BRPs/BRCs are able to be accepted while travelling until 31 March 2025.

However, while not needed for travel, individuals should retain their expired BRPs for future immigration applications etc.   

Q: To sign in to view the eVisa account, it still asks for BRP card number to log in with. Does this mean they still need to keep the BRP even if it’s expired?

A: Expired BRPs should be retained. They can be used to create future immigration applications and be used to generate a share code for right to work checks. This will allow more time for people to generate a UKVI account.  

NEW: Q: Can BRP be used to create a UKVI account if it’s from a cancelled visa (switched visa) not an expired one?

A: A person can use their BRP card to create a UKVI account, even it has been expired. If their BRP card has been cancelled, they are unable to use a cancelled BRP in the creation of a UKVI account.

NEW: Q: Do we need to carry out a retrospective check on existing staff if we've already done a check and have RTW details on file which expires in 2027 for example? 

A: Employers are only required to carry out follow-up checks to maintain a statutory excuse in respect of individuals who have a time-limited permission to stay in the UK.  The follow-up check should take place on, or before, the date on which their permission to stay is due to expire.  In the example provided, a follow-up check would be required on the relevant date in 2027.

Where the most recent check was undertaken before 06 April 2022 and the proof of right to work was a physical biometric card (such as a BRP) that expires on 31 December 2024, this expiry date refers to the document only, and not to the holder’s immigration status.  A follow-up check is not needed until the employee’s permission to stay is due to expire. 

If the initial check confirmed the employee has settled status in the UK (otherwise known as indefinite leave to enter or remain) or status under the EU Settlement Scheme, then there is no requirement to carry out a follow-up check. 

Q: Where do we get that RTW info if there is no BRP to refer to? How will employers find out visa information for our statutory excuse when performing RTW checks? 

A: Checks using the Home Office online checking service provide employers with right to work information in real time directly from Home Office systems. An individual’s online profile should always reflect their current immigration status. 

The information available on an employer share code for an eVisa contains the necessary information required to maintain your statutory excuse. 

Please note, any restrictions displayed on a right to work check are the standard conditions attached to the individual’s immigration permission.

NEW: Q: As an employer, to prove the right to work, do we need evidence of their eVisa or is the share code check sufficient?

A: In order to establish a statutory excuse against liability for a civil penalty, employers must carry out one of the prescribed right to work checks prior to the commencement of employment.

NEW: Q: For indefinite leave on expired passports, would we be okay to still use the details on the stamp?

A: No - legacy documents (such as expired passports with vignette stickers or ink stamps evidencing Indefinite Leave to Remain or Settlement) are not acceptable proof of right to work.   

Q: If an employer completes an Employer Checking Service (ECS) check and the employee’s right-to-work (RTW) document expires between the time the ECS check is completed and when the positive verification notice (PVN) is received. Can the employee continue working during this interim period?

A: If you previously carried out a manual check of a physical document or a check via the online right to work checking service before you employed the person and, on the date on which your excuse is due to expire, you are reasonably satisfied that your employee: 

• has an outstanding application to extend or vary their permission to be in the UK; or 

• has an appeal or an administrative review against a decision on that application which is pending; or 

• is unable to provide acceptable documentation but presents other information indicating they are a long-term lawful resident of the UK who arrived here before 1988. 

then your statutory excuse will continue from the expiry date of your employee’s permission for a further period of up to 28 calendar days to enable you to obtain a PVN from the ECS or carry out a Home Office online check.

The grace period does not apply to checks carried out before employment commences. In such circumstances, you should consider delaying employment of the individual until such time you are able to carry out a prescribed check or you receive a six-month PVN from the ECS, otherwise a statutory excuse will not be established.

NEW: Q: Home Office has confirmed that expired BRPs will still be able to be used for a RTW check after 1 January 2025. Is there a cut-off date for when BRP cards can no longer be used for RTW?

A: As part of the transition to eVisas, people can use their expired BRPs, for a limited time, to access the online right to work services to get a share code and prove their immigration status. However, an expired BRP does not offer the full benefits of an eVisa, and people should take action now to create a UKVI account if they have not already done so. They can access their eVisa.

Q: For Indefinite Leave to Remain (ILTR) in an old passport for a new employee to an organisation, do we have to ask them update to the eVisa for no time limit before that person starts employment?

A: When presented with a legacy paper immigration document, such as an expired passport with a vignette sticker (where the holder has indefinite leave to enter or indefinite leave to remain), you should direct the person whose status you are checking to the eVisa webpage for details of how they can create a UKVI account by making a no time limit (NTL) application. 

A current passport endorsed with an ink stamp or vignette sticker (where the holder has indefinite leave to enter or indefinite leave to remain) should continue to be accepted as proof of right to work throughout 2025. 

Where a prospective employee has confirmed they have submitted a NTL application to the Home Office, you are able to contact the ECS for confirmation of their right to work.

NEW: Q: Will the National Insurance Number (NINO) be included in the Right to Work check?

A: A person may have a NINO displayed on their eVisa. Not all eVisas have this - it depends on factors such as the date when their NINO was issued and their visa status. People who would have been issued with a NINO on their BRP should be able to access this on their eVisa. The NINO is displayed for their reference only and they are not able to share it via a share code. If an employer needs their NINO, they can provide it to them separately.

The Home Office will continue requests for extra information on status profiles but these will need to fall in accordance with data handling obligations

Q: Will those who we sponsor from overseas still be issued a vignette entry stamp, as we use this to prove their right to work until they have been given their BRP card after arrival to the UK?

A: Yes, individuals will still receive a vignette that gets them entrance into the UK. The individual will then be able to make a UKVI account and use share code process. No BRPs will be issued anymore. 

The Home Office has advised that vignettes will be phased out later in 2025. 

NEW: Q: If an employee can update their details online now, is the employer required to report changes too?

A: A sponsor must keep up-to-date contact and other personal details for all of their sponsored workers to comply with their record-keeping duties in Appendix D to the sponsor guidance but there is no need for the sponsor to report these changes, unless the changes fall within those listed in paragraph C1.3 of Part 3 of the sponsor guidance (‘Change of worker’s circumstances’). 

Q: Will the NHS be updating the right to work standard check info to include that the employer views the eVisa then as all the BRP info will be on the eVisa, for the statutory excuse?

A: The share code individuals share with employers will have the required information for employers to maintain their statutory excuse when completing a right to work check. Employers will not be required to see the eVisa. We will communicate any further changes/updates as and when they happen.

NEW: Q: Does the ETA replace the Visitor Visa? This is normally what a doctor uses for a clinical attachment/observership? Does a doctor who is coming here from abroad, for up to six months on a clinical access agreement, and will be doing unpaid work/training in the trust, qualify for an ETA? Is there a tenuous link to the study part of the ETA?

A: An ETA is not a visa, and as such is not replacing a visa. Further information on ETAs, including who can apply for an ETA, what a person can and cannot do with an ETA can be found on the GOV.UK website.

The visitor route is open to all nationalities who want to visit the UK for up to six months with a wide range of permitted activities allowed such as tourism, visiting friends and family, undertaking business activities or completing a short course of study - GOV.UK. 

PA 10.1a allows overseas graduates from medical, dental and nursing schools to undertake clinical attachments or dental observer posts provided these are unpaid and provide no treatment of patients.

Q: Where is the partner pack and other eVisa resources available? 

A: There are serval resources for employers and individuals during the transition to eVisas. These can be found below: 

• NHS Employers page on eVisas and what they mean for recruitment.
• GOV.UK resource on eVisa, with a subscription service to receive the latest updates.
• GOV.UK partner pack that includes template emails, intranet articles, social media templates, and FAQs, that includes suggested wording to send to employees to make them aware of changes.
• Portal for eVisa and ETA flyers.
• GOV.UK factsheet Media factsheet: eVisas – Home Office in the media (blog.gov.uk) 
• GOV.UK online immigration status (eVisa) help videos on: what is an eVisa, how to create a UKVI account, how to travel with your eVisa, and how to prove your immigration status with an eVisa.
• eVisa Resolution Centre 
• People who notice any error with their eVisa, such as with their name, photograph or an incorrect status, can use a new online service to report it and request the error be corrected. People without ID who have an account created by the Home Office can also use this service to update their email address and mobile number. 
• New guidance to proactively resolve issues related to an eVisa before travel is available on GOV.UK.
• eVisa: community support for vulnerable people.
• Applying for an ETA.

Q: If we want to put forward suggestions, where do we send this to?

A: If you have any additional feedback or have any addition comments or suggestions, please send these to the NHS Employers international recruitment inbox internationalrecruitment@nhsconfed.org

Note: The last in the series of international recruitment masterclasses to take place in early 2025 will focus on sponsorship responsibilities. 

NEW: Q: When having to keep pay slips etc. for sponsored workers, is storing them on ESR enough or do they need to be saved separately somewhere else?