Technical problems beset UKVI's digital system for checks on right to work

The UK Visas and Immigration's (UKVI) right to work digital system are encountering technical issues with the digital "right to work" check. Individuals that obtained indefinite leave to remain (ILR) are mainly experiencing this technical issue when attempting to evidence their right to work with their new document. When an employer conducts the right-to-work checks with an employee's new ILR biometric residence card (BRP), the online system is showing their previous visa status for example their previous skilled worker visa. 

The UKVI are aware of this issue and are working towards resolving this matter. While the UKVI resolves this issue, employers are advised to conduct an employer checking service which will be valid for six months from the date of the positive verification. Before the six months expiry, employers must conduct the Right to Work check with the current BRP. If the digital system is still not updated, then employers are advised to conduct another Employer Checking Service until the technical issue is resolved.  

November 2022 updates

The guidance for sponsors of workers and temporary workers  was updated in November 2022. A sponsored migrant can commence work as soon as they have permission to enter or stay in the UK, this is applicable when the permission is granted before the start date recorded on the certificate of sponsorship (CoS). This means that no further update is required to be made on the sponsorship management system (SMS). 

An SMS update in relation to the start date is only required if the sponsored migrant's start date is delayed beyond 28 days, whichever is the latest of the start date on the CoS, the valid from date on the sponsored migrant's Entry Clearance visa (only applicable for sponsored migrants that applied for a visa from outside the UK), or the date of permission granted to enter and stay in the UK. 

If the sponsored migrant does not start employment within 28 days, then an SMS update must be made confirming the new start date, reason for the delay and that the employer intends to continue sponsoring the migrant. This SMS update must be completed by the end of the 10th working day after the 28-day period. The UKVI may cancel the sponsorship if they do not consider the reason for delay as valid. Alternatively, you must report on SMS that you have stopped sponsoring the migrant. 

The UKVI provided the following examples as acceptable reasons for a delay to a start date (although this is not a comprehensive list and UKVI will judge each matter on its own merits):

• Travel disruption due to natural disaster, military conflict or pandemic.
• The sponsored migrant is required to complete their notice period from previous employer (if in the UK).
• The sponsored migrant requires an exit visa from their home country and there have been delays in processing this.
• Illness, bereavement or other compelling family or personal circumstances.

Other updates

There are other general updates from November 2022 made in the guidance. Sponsors are now required to confirm the number of hours the individual will work on a weekly basis in the "summary of job description" text box in the defined CoS request. A failure to include this may result in the Home Office rejecting the request. 

A new concession allows continued employment of sponsored migrants who have been absent from work without pay for more than four weeks where there is a compelling and compassionate reason for their absence. A sponsored migrant's guaranteed basic gross pay should be confirmed in the salary section of the CoS. 

In relation to a change of employer applications, the application must be approved and the sponsor must conduct a right-to-work check before the sponsored migrant can commence their new job. This applies even if the sponsored migrant's new job is with the same sponsor. The sponsored migrant can continue working in their current job until the change of employer application is granted.