Business immigration updates for employers | February 2025

In the constantly evolving world of immigration, we have highlighted below the main updates and developments that have been released this month:

Employer's right to work check guidance updated

The Home Office has issued a new version of the UK's right to work guidance for employers conducting checks on or after 12 February 2025. The most notable updates are:

• Confirmation that a "clipped" passport (corners are cut/removed) from a British or Irish National is a cancelled document and therefore is not an acceptable proof of right to work.

• Clarification that sponsor licence holders must carry our right to work checks of persons who are not their direct employees if they are being sponsored by them, as part of their sponsor duties.

• An update to Annex D to confirm the opening of the Ukraine Permission Extension Scheme from 4 February 2025.

• Changes related to the removal of Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs) including to encourage creation of UKVI accounts so that employees can access an eVisa to prove their right to work. Please see an update below on the eVisa support videos that have been released.

• Confirmation that persons issued with a 90-day entry clearance vignette should now create a UKVI account within 10 days of arriving in the UK or before their vignette expires (whichever is the later), to access their eVisa. The employer can undertake a manual right to work check on the vignette and, a follow-up online right to work check prior to the expiry of the vignette, in order to retain its statutory excuse to a civil penalty.

• In any skilled worker category, the migrant's national insurance number should appear on their eVisa profile.

For the latest right to work check guidance, please follow this link.

eVisa helpful support videos

The Home Office have replaced the hard copy immigration documents which helped people with the introduction of eVisas and have instead, published seven helpful videos. These cover: What is an eVisa, how to create a UKVI account and access your eVisa, how to update your UKVI account details, how to recover your UKVI account, how to view and prove your online immigration status and how to travel with your eVisa. The website to view these videos can be found at here.

Employers should consider promoting this material to their workforce and ensuring that their HR team is aware of this release, so that they can signpost these videos to staff who have questions on this topic.  

UNISON's shocking report on the exploitation of migrant care workers in the UK

UNISON has published a report titled "Caring at a Cost" having surveyed over 3,000 overseas health and care workers. The report uncovers illegal practices and numerous examples of exploitation of migrant care workers in the UK by rogue employers. Sadly, the report makes numerous references to racist abuse, unsatisfactory and overcrowded accommodation and below-minimum wage pay. Some migrant care workers have paid over £20,000 to intermediaries in return for a job before they even arrive in the UK. With some of those workers not being offered any work on arrival and then not having enough money to pay bills or eat.

The union is calling for the government to take over sponsorship of migrant care staff from employers as it appears more and more abuse of power is taking place in this sector. The union believes that the best way to resolve the ongoing staffing crisis is to boost pay for all care workers through the government's fair pay agreement, which is currently being developed in discussions between unions, employers and ministers. It's clear that urgent reform is required to prevent the appalling treatment that some migrant care workers find themselves in.

The full UNISON report can be accessed here.

Illegal working crackdown continues

The Home Office has been continuing its crackdown against illegal working and in January 2025, it reported visits to 828 premises and made 609 arrests, marking rises of 48% and 73% compared to the previous year. The press release notes that this is the most successful January in over half a decade and a significant proportion of the enforcement activity took place at restaurants, takeaways, and cafes as well as in the food, drink and tobacco industry. Between 5 July 2024 and 31 January 2025, the Home Office issued a total of 1,090 civil penalty notices. A reminder that employers could face a fine up to £60,000 per worker if found liable.

Under the Labour government's plans, the surge in enforcement activity to crack down on illegal working is a vital part in addressing the abuse of often vulnerable people who have risked their lives by crossing the Channel in a small boat, the immigration system and our economy.  Next month, the government will hold a landmark Border Security Summit where over 40 countries will come together to discuss the best ways to tackle criminal networks facilitating such abuse and migrant smuggling.

If you have any queries or require advice on these developments. Please contact the immigration team on the contact details below.