The UK Home Secretary Yvette Cooper has revealed a 48% increase in immigration enforcement visits in the first month of 2025 compared to the January before, plus a 73% increase in arrests. With the UK government deploying more enforcement staff, illegal working visits and arrests have soared by around 38% from July 5, 2024 – January 31, 2025, compared to the same period 12 months prior. During the same period, the Home Office issued a total of 1,090 civil penalty notices. Employers could face a fine of up to £60,000 per worker if found liable.
It is crucial that employers have up to date advice on their right to work and sponsorship practices. New guidance for sponsor licence holders published at the start of the year expanded on the costs that employers must not pass onto sponsored employees, as well as introducing several other changes. You can familiarise yourself with these here.
On top of sponsorship changes, employers should familiarise themselves with the following changes affecting right to work checks.
Right to work check changes to keep on top of
The UK’s right to work guidance has been updated to reflect the digitalisation of Britain’s immigration system and the introduction of the eVisa. As physical BRP cards have now been phased out, eVisas have replaced them for generating the share codes to check workers’ right to work.
This is a huge transition generally involving everyone who is not British or Irish, without a right to abode and not exempt from immigration control. As not everyone’s proof of immigration status is up to date and fully working, the Home Office guidance has been amended to include transitionary measures. Workers with ongoing permission to stay in the UK may use expired BRP cards to access the online right to work checking service to prove their right to work using a share code.
The guidance on when to contact the Home Office Employer Checking Service has been updated to reflect the digital transition. Employers should now reach out if a non-British or non-Irish worker cannot provide acceptable documents and an online check isn’t possible “for example due to a technical issue with the individual’s eVisa or digital immigration status.”
In a separate change, clipped passports (where corners are cut off to indicate cancellation) are no longer valid as proof of the right to work, although expired but unclipped passports are still accepted.
The Ukraine Permission Extension Scheme has opened
The Ukraine Permission Extension (UPE) Scheme opened in February for Ukrainians who are coming to the end of their visas on one of the Ukraine Schemes that the UK launched after the Russian invasion three years ago.
They can now apply for an 18-month extension UPE through the UPE website once they have 28 days or less left on their visa. We can advise employers and employees on Ukraine Schemes on when they may switch to longer-term UK visas such as the Skilled Worker visa, family visas, the Global Talent visa and other such immigration paths that offer a route to settlement. The UK and Ukrainian governments never intended for the humanitarian Ukraine Schemes that opened as a reaction to the war to ever count towards settlement in the UK.
Most UPE applications are processed within eight weeks. If a worker needs to prove their right to work while waiting for a decision, they should use their eVisa to generate a share code for an online check through the Home Office system.
Keeping on top of compliance
Human resources teams should regularly review their right-to-work and sponsorship policies, including key personnel, employment terms, and communication with sponsored staff to ensure compliance with the latest rules.
Employers that are unsure about any aspect of compliance or would like a full audit should contact their employment immigration counsel.
With increased enforcement and penalties, along with new measures in the Employment Rights Bill targeting sponsors who repeatedly breach rules, compliance is more critical than ever.
