Recap: What is happening with e-Visas and BRPs?
As we predicted, the rollout of the eVisa project has run into trouble and delays. With just 17 working days left of 2024, Immigration minister Seema Malhotra announced on 4 December that the long-planned cut-off date of 31 December is being delayed by 3 months. “Expired” Biometric Residence Permits can still be used for travel and as proof of status until at least the end of March 2025, as long as the holder still has valid immigration permission and has not already completed the switch to an eVisa.
This is a relief for those who the system denied the online uploads they needed to make to get an eVisa. It gives the Government time to scramble together some IT fixes and put out better communications. The basic message is (or should be): if you can switch to an eVisa, do it now or face frustration. If you cannot, expect delays when travelling – but keep your old BRP to hand, and do not panic. You will not be deported or locked out of, or in, the UK, if your underlying status is valid.
How did we get here?
Back in October 2023, the Home Office UKVI announced that it was working on a new digital immigration system to replace physical documents as proof of immigration status. This was expected, following the move toward digitisation of right to work and right to rent checks for migrants. The familiar credit-card type Biometric Residence Permit (BRP), with its data chip, was to be phased out by 31 December 2024, in favour of a universal digital status “account” linked to the holder’s passport and biometrics – known as an eVisa or “digital status”, by the start of 2025.
Naturally, this plan worried many; only a few years ago physical ID permits for all, not just migrants, were the Government’s big idea to combat fraud and terrorism. We never got that far; the new cloud-based system is superseding it, and for now, is for immigrants only. But Government IT projects have too often been late, over-budget and beset by technical and implementation problems. Could this be any different? Apparently not.
What is it all for?
People like to have a physical document to prove their status; it is deeply embedded in the culture of many countries, more so than the UK. But The UK is leading in the way in ending it; physical documents are no longer secure, and replacing a lost and stolen one is cumbersome, so the Government says.
Remember that the aim was that all visa holders should transition to eVisa by 1 January 2025. This means using cloud-based eVisa status to travel to the UK without any need for a physical document besides a valid passport, which is linked to their UKVI account. The Government has been urging applicants who are currently relying on physical immigration documents to activate their UKVI account since an eVisa is about to become the standard means to prove right to live, work, rent and access health services. But it hasn’t yet managed to make the system work for all.
Changes so far
The transition has been ongoing for the past year:
- First, EEA nationals who applied through the EU Settlement Scheme or for entry clearance or leave to remain in the UK now verify their ID using the Home Office app instead of attending a biometric appointment. Before the general roll out, they were first to receive digital status only and no BRP. The UKVI grant letter declaring their new status also explained how to access their and use digital status.
- Next, this was rolled out to certain applicants with pending applications who were invited to create an online account following approval. Holders are required to update their accounts with any changes to passport/national identity card details and contact details.
- From 6 August, UKVI stated that all BRP holders would become eligible to submit an application to obtain an e-Visa.
- However, where a BRP card has been lost or stolen, a travel document, such as a passport, and a visa application reference number can be used to create a UKVI account. It is critical that lost or stolen cards are promptly reported to UKVI.
- From 31 October, UKVI stopped issuing BRPs. The grant letter now issued to successful applicants explains how to set up access to an eVisa and how to link their passport to their eVisa for international travel.
- Applicants granted permission to enter or stay in the UK before 31 October 2024 and issued a BRP, but no longer have that BRP or another identity document such as a valid passport, will be able to create a UKVI account themselves.
- UKVI will create an account on behalf of applicants granted permission to stay in the UK after 31 October 2024 who do not have a valid passport. These applicants will be notified by email or letter with instructions on how to access their UKVI account.
What should the online UKVI account show?
Once a UKVI account is created, applicants should be able to view the details of their eVisa online, including the type of permission, when it expires, and conditions applied to status in the UK. To access an eVisa, individuals must have obtained permission to stay in the UK in England, Northern Ireland (not the Channel Islands or Isle of Man), Scotland or Wales that is valid for more than six months.
How well has implementation gone so far?
It is a mixed picture, culminating in the latest 3-month delay. There have been issues; some applicants find their accounts empty of information, and in especially troubling examples, the data is just plain wrong or relates to another person. In most cases, the system works; but “most” is not enough to stick with the original deadline.
What if there are errors on the UKVI account?
UKVI has published a new online form to report an error if individuals’ personal details (i.e., name, sponsor reference, photo, National Insurance number, visa conditions, immigration status and validity details etc) on the eVisa are inaccurate. This form can also be used if a UKVI account was set up by the Home Office using an email address or phone number that the individual no longer has access to. UKVI committed to respond in ten working days to either confirm correction of the relevant details or ask for more information.
If an applicant is outside the UK and cannot access the eVisa portal, they will be able to recover access to their UKVI account. If the immigration status is displaying incorrectly, they must report the error. In case they are unable to recover their UKVI account while they are overseas but have a valid physical document that shows their permission to travel, they may be able to present this document as evidence of their immigration status to the carrier. However, if they have no other evidence of permission to travel, they may consider applying for a temporary visa, which will allow them to re-enter the UK only once.
Travel and updating the record
A new UKVI guidance web page sets out the recommended actions overseas nationals with an eVisa must take before they travel outside the UK. Individuals should review their immigration status on the “View and Prove service “before traveling internationally and use the “update your UKVI account details” service to ensure that their personal details are correct and that the passport they will travel with is linked to their account. If an individual has obtained a new passport and is waiting for confirmation regarding an update to their UKVI account, they may also provide their old passport at the border (along with the new passport).
Migrants returning from overseas must check the passenger information provided to the carrier matches the details on their passport or immigration permission. It is the individual’s responsibility to check entry, exit and transit requirements of other countries, and they may be asked to show evidence of their UK immigration status to authorities overseas in an appropriate format (e.g. a share code from the View and Prove service, a relevant screenshot from their UKVI account, a physical document).
A video to show how applicants can travel with their eVisa is available.
Dual nationals
Dual citizens who hold nationalities other than British or Irish must add the passport they use to travel to their account. British or Irish citizens who hold dual nationality, or individuals with the right of abode, must show the carrier (e.g. airline, rail company, other transport provider) either a British or Irish passport or another passport containing a certificate of entitlement to the right of abode.
Visa holders aged under 18
Applicants, including children, must have their own UKVI account. Where a child under the age of eighteen is unable to create and manage their own account, a parent or guardian may do this for them. To create a UKVI account for a child, the parent or guardian will need the child’s identity document and date of birth. The adult can use their own contact details, such as their phone number and email address. When the child is able to manage their UKVI account themselves, or when they reach 18 years of age, their account can be transferred to them. The adult or child can do this by updating the phone number and email address using the “update your UK Visa and Immigration account details” service.
Applicants who have indefinite leave to enter or indefinite leave to remain and currently prove their rights through a different type of physical document (e.g., a wet-ink stamp in a passport or a vignette sticker) should file a No Time Limit (NTL) application. This process has a waiting time of around three months. Following a successful application an applicant will be able to transition to a digital immigration status by creating a UKVI account.
Elderly and vulnerable migrants
Elderly and vulnerable people may have difficulties accessing the technology or understanding the how to apply for an eVisa. Over 200,000 older residents have old-style passport endorsements or vignette passport stickers instead of BRPs.
The Government will release £4 million to voluntary and community organisations including Migrant Help, Citizens Advice Scotland, the Welsh Refugee Council, and Advice NI to support those who need help. The full list can be found here.
Right to Work (RTW) checks – guidance for human resources
Human Resources teams should remember that whilst all remaining BRPs show an expiry date on or before December 31, 2024, this will usually not be the expiry date of their visa. They should encourage applicants to set up UKVI accounts and access their digital status, especially if they have pre-BRP documents and plan to travel abroad, ensure compliance and mitigate potential business disruptions.
This is the time to review your RTW process and employees’ visa expiry dates to check if any RTW checks need to be carried out again to ensure they are covered after 31 March 2025. Right to work checks will increasingly involve share codes as employees transition to digital accounts. HR teams must always keep up to date with the latest guidance.
- Check the right to work expiry date and be sure to carry out follow up checks where needed. The checks that employers are required to carry out for holders of BRP cards show the real visa expiry date.
- Remember that until 31 March 2025, even an “expired” BRP can still be used to support a right to work check
- A video to show how applicants can prove their immigration status with an eVisa is available.
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.
