UKVI’s gradual roll-out of issuing BRPs to all migrants is now complete. However, there are persisting issues for overseas applicants with incorrect endorsements on the initial 30-day vignette and delays with in-country BRP delivery and collection. This can ultimately affect employers in ensuring right to work checks are taken before the commencement of employment.
Ideally, BRPs should be available for collection during the ten-day period post-entry to the UK; however, in practice many migrants have not been able to collect their BRPs during this period. In such instances where the employment start date cannot be delayed, employers need to conduct a full right to work check on the basis of the vignette. The check then needs to be completed a second time using the BRP for the statutory excuse to continue. Employers should ensure that any delay in collection is reported via UKVI’s online service.
In cases where the BRP is still not available after the expiry of the 30-day vignette, we would strongly advise employers to ensure that UKVI has been notified and to retain this correspondence on file so as to protect the statutory excuse.
If you are experiencing ongoing issues with vignette endorsements or BRP collection, the team at Penningtons Manches would be happy to intercede on your behalf with UKVI to have the matter resolved.