Many migrant employees and their employers are worried about the expiry of all Biometric Residence Permits (BRPs) by 31 December 2024. Apart from the obvious question about immigration permission being valid past that date, stories abound about BRP holders getting lost in a digital vortex as they try to navigate online registration and conversion to the new e-visa status.
The Home Office has changed its messaging more than once, adding to the confusion. The prospect of being out of status or trapped in – or outside – the UK over the festive period is alarming when airports are busy, and many UK-based migrants will want to visit families abroad. Fortunately, with a little forward planning, the reality should be smoother for most.
Matthew Davies, Partner and Head of Business Immigration and Stacey Lambert, Associate from our Business Immigration team give some reassurance and top tips with this update and FAQs – with a caveat or two.
Background
Under the previous government, the Home Office announced a shift to ‘Digital by Default’ evidence of immigration status, reducing the reliance on physical documents. The phasing out of BRPs in favour of eVisas is a central plank of this. Not everyone likes the idea of having no physical evidence of status and some hoped the project would be abandoned; but it is going ahead.
Earlier in 2024, the Home Office began emailing BRP holders with instructions to update their status online and acquire a digital status, for use from 1 January 2025. Inevitably, many had changed their email addresses that were linked to their last application and did not receive the email. Since early August, all BRP holders have been eligible to register for eVisas.
It is true that there have been problems:
- Home Office emails being sent to obsolete email addresses or caught in spam filters
- The roll-out of eVisas to some with graduate immigration status locked their holders out of the UK because status failed to display correctly, creating delays at airports and Eurostar terminals
- Training for some immigration officers was delivered late, or not at all
The new government’s commitment to “grip, not gimmicks” in managing immigration has driven some sharp internal messaging to the Home Office to make eVisas work. We have seen enough improvement to encourage BRP holders to gasp the nettle with more confidence than previously.
10 FAQs and some top tips
Here are 10 of the most frequently asked questions the Business Immigration team are currently receiving about eVisas:
- Does my immigration permission (“leave”) also expire on 31 December 2024?
Not unless you are one of the few whose leave coincidentally ends on the same date. In most cases, 31 December 2024 is the expiry date of the physical document only. It marks a cut-off point of the transition. Unless there is a further announcement to the contrary, anyone who currently holds a BRP should expect to prove their status by eVisa only from January 1st 2025.
Already, BRPs are no longer sufficient to demonstrate immigration status for the purpose of Right to Work or Right to Rent checks. Instead, a share-code must be provided, to allow for the relevant online check to be made. Employers and landlords have become used to it. This is just the next step in transition. - Why are BRPs being phased out?
Ending BRPs is a key step towards modernisation of border control and security in an increasingly digital and automated era. The government’s goal is to reduce the risk of fraud and misuse of physical documents and provide a more secure means to demonstrate immigration status.
Migrants will no longer need to be concerned about losing or misplacing their BRP. We have too often seen the effect of delay on their ability to travel in or out of the UK when this happens and negotiated the sometimes slow and awkward path to replacement. Especially for the unfortunate few who have lost their BRP more than once. - How do I access my eVisa?
Through your UKVI profile. If you don’t have a UKVI profile, you will need to create one and link it to your immigration status before the end of this year. You can then view and prove your status online; the Home Office has linked it to your biometrics. - Do I have a UKVI profile already?
Probably, if you are an EEA national who applied through the EU Settlement Scheme (EUSS) or have applied for entry clearance or leave to remain in the UK and verified your ID using the Home Office app instead of attending a biometric appointment.
If none of the above applies, you most likely do not hold a UKVI account unless you have been advised by the Home Office to create it. Now is the time to do it. - How do I create a UKVI profile?
A UKVI profile is automatically created as part of an increasing number of visa applications. For example, if you hold a BRP and are applying for leave to remain, you will usually be directed to create a UKVI profile.
If you are not applying for a fresh grant of leave before the end of the year, the Home Office will contact you to provide the relevant link to create your account. The Home Office is still emailing individuals directly, but as noted above not everyone will receive an email; they are being released in phases and many will not reach their recipients.
You no longer have to wait, but can sign up for updates here. - I have valid leave past December 2024 - when should I create my UKVI profile?
If you don’t already hold a UKVI profile, you must create one and link it to your immigration status before 31 December 2024. Should you be travelling outside of the UK in December and into the new year, ensure you can view and prove your status before leaving the country. - My leave expires before 31 December 2024, should I still create a UKVI profile?
Assuming you do not already hold a UKVI profile, you may need to create one if you apply for leave to remain. If you plan on leaving the UK and relocating elsewhere, you should not be affected by the change to eVisas. - Do my dependants need their own UKVI profiles?
UKVI profiles are specific to one person only. Therefore, dependants will need to create their own UKVI profiles, even though their status is dependent on someone else’s.
It is possible to set up UKVI profiles that can be managed on behalf of the young, elderly or are vulnerable. - I’ve created my UKVI profile, but I can’t link it to my leave – what do I do?
In this scenario, the most likely explanation is that the Home Office is yet to create your eVisa. When it’s ready, you should be able to link your eVisa/status to your UKVI profile.
At present, we encourage individuals in this position to monitor their UKVI profile as it should update when the eVisa is ready. - I have a valid BRP and now a UKVI profile linked to my status – do I still need my BRP?
Even if you can demonstrate your status by eVisa, you should continue to travel with your existing BRP (if granted for your current period of leave) until the end of 2024. This is in line with current guidance.
Now, the UK Government record in rolling out digital projects is mixed. There might be more changes, or even a temporary delay. However, the working assumption should be that this is going to happen, on schedule, so this is the time to prepare.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
