When sponsoring a worker who has been granted entry clearance (a visa to enter the UK), employers must view and retain evidence of the worker’s date of entry to the UK. This check ensures that the worker entered the country within the validity period of their visa – note they are not permitted to work if they arrived before the “valid from” date shown on their visa. If a worker has entered the UK too early, they will be required to leave the Common Travel Area (UK, Ireland, the Isle of Man, Jersey, and Guernsey) and re-enter the UK once their visa becomes valid.
This check is not required if the worker already has leave to remain in the UK. This includes cases where they are extending their visa or switching immigration routes within the UK. However, the employer must still complete a legal right to work check as set out in the guidance.
To confirm a worker’s date of entry, employers should look for an entry stamp in the worker’s passport. Where the worker holds a vignette (a visa sticker), the entry stamp will usually appear on the same page, and a copy of this page should be kept on file.
The Home Office has been transitioning to eVisas, which are replacing vignettes for most sponsored workers. In cases where the worker only has an eVisa, their entry stamp will normally appear on a blank page of their passport, and this page should also be copied and retained alongside the online right to work check.
In some cases you may find no entry stamp is available in the passport, this can happen if the worker entered via the Common Travel Area, used ePassport gates, or applied for entry clearance through the UK Immigration: ID Check app. In these instances, employers must still confirm that the individual did not enter before their visa start date. This can be done by reviewing either the individual’s vignette or eVisa, to check the start date of their permission to enter; and evidence of their travel to the UK, such as travel tickets or boarding passes (paper or electronic).
Employers must ensure that appropriate evidence is collected and securely retained as part of their sponsor compliance duties. If you would like any further information on this please do contact us.
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