Recruiting a worker whose visa is expiring

Recruiting a person whose permission is nearing expiry requires a review of current work conditions, proposed start date and any application in progress. Do not assume that either an expiry date or an application receipt alone answers whether the new work is permitted.

Obtain regulated advice where continued permission or a change of role is uncertain. Plan the prescribed check and follow-up process without making unsupported promises to the hiring team.

Separate the expiry date from the recruitment decision

A candidate whose permission is nearing expiry may still be entitled to undertake the proposed work now. The employer must establish the current right to work, any restrictions and the evidence needed before employment begins. Do not assume that a short remaining period automatically prevents recruitment. Equally, an intention to extend permission does not by itself authorise employment after the current permission ends. ^[1]

Build a chronology containing the intended start date, existing permission expiry, any application already submitted and the work conditions shown by the prescribed check. Ask whether the candidate expects to need sponsorship from this employer. Keep this discussion factual and consistent across applicants. The key question is whether the evidence supports the proposed job and start date, followed by a realistic plan for any later verification.

Complete a new employer's own check

A previous employer's check does not replace the new employer's required pre-employment check. Use the accepted manual, online or applicable digital identity route and retain the evidence. If the candidate has an outstanding application and the normal route cannot establish the position, assess whether the Employer Checking Service is required. A copy of an application receipt alone is not the same as an employer-facing verification result. ^[1]

Read online conditions carefully: permission tied to sponsorship for another employer may not authorise the new role. Do not rely only on a future employer's willingness to sponsor or on a Certificate of Sponsorship being assigned. Our guide to Changing employers on a sponsored work route addresses changing employers on a sponsored route. The recruitment team should obtain a clear decision about when the new duties may lawfully begin, rather than assuming every work visa permits any employment.

Do not apply an existing-employee provision to a new hire

The current right-to-work guidance includes a limited arrangement for certain existing employees where a qualifying application, appeal or review is pending and the employer is reasonably satisfied about the relevant facts. In appropriate cases, the existing statutory excuse may continue for up to 28 days while verification is obtained. This conditional arrangement does not apply to someone starting new employment with the business. ^[1]

That distinction matters when a recruiter receives advice intended for a continuing employee and applies it to an incoming worker. Label the case clearly as new employment. If the candidate cannot yet demonstrate the necessary right to do the role, consider adjusting the start date while the evidence is resolved. Do not promise that an administrative delay, a booked appointment or a pending request automatically gives a new employer protection.

Plan follow-up around the actual evidence

Where the completed check establishes time-limited permission, record the relevant follow-up requirement and diary it early enough to obtain information. Some evidence categories have specific treatment, including EU Settlement Scheme status, so do not impose repeat checks solely because a document or share code has an expiry date. A share code's validity period is different from the worker's underlying immigration permission. ^[1]

Keep the line manager informed of any operational restriction without circulating the whole immigration file. If the person later submits an extension, record the actual submission timing and verification route rather than changing the diary entry to “renewal in progress”. The employer needs a responsible person to assess whether work can continue and what check will preserve the appropriate statutory excuse.

Keep the offer accurate and the conversation fair

An offer can explain that employment depends on satisfactory checks and the right to undertake the role. Avoid wording that promises sponsorship, a visa result or continuing employment regardless of immigration conditions. Also avoid an automatic rejection rule for all candidates with time-limited status. Employment and discrimination issues may need separate legal advice, particularly where an offer has been accepted or the person already works for the organisation in another capacity.

When seeking help through eVisa employment check support, provide the vacancy, proposed start date, verified conditions and application chronology. Case-specific immigration advice must be supplied by an appropriately regulated or otherwise legally authorised adviser. Agree who will communicate the next step to the candidate and when the decision will be reviewed. A clear conditional timetable gives both sides useful information without presenting an uncertain extension as a guaranteed outcome.

Before confirming the first shift, require the recruitment owner to check the final evidence status against the agreed start date. This simple handover prevents a revised start date in one email from being overlooked by the manager arranging induction, system access or paid training.

Illustrative scenario

A candidate’s permission expires shortly after the intended start date. The employer reviews current evidence and the pending-application circumstances before agreeing when and on what basis work can begin.

Preparation checklist

• Confirm current permission
• Record intended start dates
• Review pending-application evidence
• Plan the correct check and follow-up