Trying to figure out when an employee's visa expires can be confusing as there are a lot of expiry dates relating to sponsorships. This article aims to clarify the difference between these dates, and which ones are relevant.
Biometric Residence Permit card expiry
Biometric Residence Permit card expiry
Until October/November 2024 the Home Office sent a physical card (BRP card) displaying the visa expiry date and visa type to anyone who got a visa. These cards are being phased out and replaced with the eVisa as of 2025.
If an employee has valid leave until after the 31st of December 2024, their BRPs will have a "visa expiry date" of 31/12/2024, and no new BRP cards have been issued since November 2024. This date is not necessarily the actual visa expiry date for your employee.
To find out what the actual expiry date is, please conduct a Right to Work check for your employee.
An employer had to keep a copy of the BRP card for compliance while they were in use, but as they are now being phased out you will not need to get a copy of this for any new sponsorships.
eVisa expiry
eVisa expiry
As the Biometrics Residence Permits (BRPs) are phased out of use as of 31/12/2024, your sponsored workers will have (or will soon need to) set up an eVisa account. This account is only accessible by the employee themselves.
When your employee logs in to their eVisa they will see their visa expiry date. This should be the same date as you see when you do a Right to Work Check.
Employers do not need to keep a copy of the eVisa page for compliance.
Share Code expiry
Share Code expiry
To complete a Right to Work check on your employee you will need them to generate a Share Code and send it to you. The employees will be able to generate a share code through this link -https://www.gov.uk/prove-right-to-work/get-a-share-code-online
The Share Code is valid for 90 days. This is not when the visa expires, but when the code to conduct the Right to Work Check expires.
If the Share Code expires your employee can generate a new one and send it to you.
You must ask a potential new employee to give you a Share Code before they start working for you, as you will need to conduct the Right to Work Check before they start to confirm that you are allowed to employ them.
CoS Work Expiry
CoS Work Expiry
A Certificate of Sponsorship (CoS) is a document required for a successful visa application. Among other details, it outlines how long a company are intending to sponsor the worker for.
A CoS can be assigned for 1-5 years. The employer states approximately which date the employee should start working for them, and for how many years they wish to sponsor them.
The "Work Expiry" date on the CoS is simply a date X amount of years from the start date.
When the Home Office then process the visa application, they will only approve the visa for this same duration.
The CoS Work Expiry date is usually around 14 days before the visa expiry date. You should carry out a Right to Work Check before your sponsored worker starts their work to ensure that the visa has been approved for the full duration of the CoS.
If you wish to re-sponsor the employee at the end of their CoS duration, we would recommend getting the process started 2-3 months before the CoS Work Expiry date.
Right to Work Check expiry
Right to Work Check expiry
You must carry out a Right to Work Check (RTWC) before the sponsored worker starts work. A compliant RTWC has to be dated before the official work start date of the employee and be carried out by the sponsoring company. Both of these details will be visible on the RTWC generated, and a copy of this must be kept available throughout the sponsorship duration.
The expiry date on the RTWC is the date when your worker's visa expires. You are not allowed to employ them after this date unless a new sponsorship has been issued.
If you have not re-sponsored them by the expiry date you must carry out a check using the Employer Checking Service (ECS).
If you have started the re-sponsorship process before this expiry date (and the new visa application has been submitted) your sponsored worker is allowed to continue to work for you at the same capacity as they were under the old CoS.
Employer Checking Service expiry
Employer Checking Service expiry
The Employer Checking Service is similar to the RTWC, but it will be carried out manually by the Home Office. This can take up to 5 working days. This is usually required if the employee/candidate has a pending visa application.
It is used when an individual cannot provide standard right-to-work documents or share codes. Upon verification, the Home Office issues a Positive Verification Notice (PVN), which provides the employer with a statutory excuse against civil penalties for illegal employment for six months.
When Should Employers Use the ECS?
Employers should use the ECS in the following scenarios:
Outstanding Applications or Appeals: If an individual has an outstanding visa application, administrative review, or appeal with the Home Office and cannot provide evidence of their right to work.
Non-Digital Certificate of Application: If an individual presents a non-digital Certificate of Application stating that an ECS check is required.
Technical Issues with Share Codes: If an individual is experiencing technical difficulties generating or providing a share code for the online right-to-work check.
Expired Documents: When an individual's visa or biometric residence permit has expired, but they have submitted an in-time application for renewal or variation.
How to Conduct an ECS Check
To perform an ECS check:
Gather Required Information: Collect the individual's full name, date of birth, nationality, job title, hours worked per week, home address, and any Home Office reference numbers.
Submit an ECS Request: Visit the Employer Checking Service page and complete the online form with the collected information.
Await Response: The Home Office aims to respond within five working days with either a Positive Verification Notice (PVN) or a Negative Verification Notice (NVN).
Understanding Positive and Negative Verification Notices
Positive Verification Notice (PVN): Confirms the individual has the right to work. This provides the employer with a statutory excuse for six months. A follow-up check is required before the PVN expires if the individual's status has not been resolved.
Negative Verification Notice (NVN): Indicates the individual does not have the right to work. Employers must take immediate action, which may include terminating employment, to avoid civil penalties.
Important Considerations for Employers
Timely Checks: For existing employees with pending applications, submit an ECS check before their current visa expires to maintain a statutory excuse.
Record Keeping: Retain copies of all ECS requests and responses as part of your right-to-work check records.
Follow-Up Checks: If a PVN is issued, conduct a follow-up check before it expires to ensure continued compliance.
Conclusion
The ECS check is only valid for 6 months, and it is important to stay up to date with the pending application throughout those months. If the individual gets a rejection throughout that time they lose their right to work.
You should carry out a RTWC or request another ECS check on or before the expiry date of the ECS check. The link for an ECS check is as follows - https://www.gov.uk/employee-immigration-employment-status