1. Introduction
As we have seen in recent years, UK Visas and Immigration (UKVI) have developed and are implementing a digital immigration system. In summary, this means replacing physical documents with an online record of a migrant's immigration status. This is known as an eVisa.
In accordance with plans to digitalise immigration status information, the Home Office has made immigration status information available via the online 'view and prove your immigration status' service on gov.uk. It is hoped that all individuals will have online access to their immigration status information by the end of 2024.
The Home Office news story in April 2024 stated that, "millions are being invited to switch from physical immigration documents to an eVisa – a key step in creating a modernised and digital border". Therefore, access to the eVisa system was initially only available by invitation.
The Home Office eVisa guidance is now updated to confirm that
those holding a biometric residence permit (BRP) in the UK no
longer need an email invitation to create a UK Visas and
Immigration (UKVI) account and to access their eVisa.
We examined the introduction of eVisas in our previous post:eVisa System: Check Your Digital UK Immigration
Status Online. This article now provides an update as to the
position and action you may need now to take.
2. Online Immigration Status Evisa Guidance
On 30 October 2023, the Online immigration status (eVisa) guidance was first published. This was updated twice in March, twice in April, once in May and now most recently on 06 August 2024.
The eVisa guidance outlines further developments and steps in the plan to move to online records as opposed to physical documents.
3. Updated Evisa Guidance – 6 August 2024
The 'Updates' section of the guidance states that it includes 'updated wording to include details for out of country applicants'. This is an error as in fact the guidance has now been updated to confirm that if you hold a biometric residence permit (BRP) that expires on 31 December 2024, you should now create a UKVI account and access your eVisa. You should now take action before the expiry date of your BRP. The guidance reads:
"If you have a biometric residence permit (BRP) that expires on 31 December 2024, you can now create a UKVI account and access your eVisa. You should do this before the expiry date of your BRP."
If you have lost your BRP card you can use your travel document, such as a passport, or visa application reference number to create a UKVI account. It is important to note that you should only request a replacement BRP if it has been lost or stolen and you have no other form of identity document to create a UKVI account.
If you have permission to stay in the UK, once you've created your UKVI account, you will be able to sign in to the view and prove service to access your eVisa.
If you do not immediately see your eVisa details there is no immediate action to take. The guidance confirms that UKVI will contact you directly by email once your eVisa is available to view. In the event that you need to demonstrate your status you will continue to use your BRP. If you do experience difficulties in setting up an account or accessing your visa UKVI offers further assistance: here.
Our previous post eVisa System: Check Your Digital UK Immigration Status Online, explored UKVI accounts. You can set up your eVisa: here.
4. What if I Do Not Hold a BRP?
For those who hold another physical document, you are still required to make a No Time Limit application. Once you have your BRP you will need to create a UKVI account.
If you are a British or Irish citizen, and you hold a British or Irish passport, you do not need an eVisa or an UKVI account and do not need to do anything.
5. EU Settlement Scheme and Windrush Scheme
If you have a biometric residence card (BRC) and you have been granted status under the EU Settlement Scheme, then you already have an eVisa and you do not need to take any action to obtain one.
The guidance now reads:
"If you have a BRC and you have not been granted status under the EU Settlement Scheme, obtained another form of immigration leave, or become a British citizen, then your BRC is no longer valid, even if it appears to still be in date. This is because the UK has left the EU, and the EU free movement law no longer applies.
To continue living in the UK you should get an immigration status as soon as possible. You may be able to make a late application to the EU Settlement Scheme as a family member of a relevant EU, other EEA or Swiss citizen. Do not travel internationally until you have obtained a proof of your immigration status."
For those who may be eligible under the Windrush scheme the guidance reads:
"If you or your parent were settled in the UK on 1 January 1973, or you arrived in the UK before the end of 1988, you should check if you are eligible to apply for evidence of your status under the Windrush scheme'.
6. What if I Need to Apply for Permission to Stay?
If you need to make a new application for permission to stay in the UK, you should follow the usual immigration application process.
7. Can I Travel With An Evisa?
You may already have an eVisa or you are about to set up an account to obtain one. The guidance reads:
"Until the end of 2024 you will need to continue to carry your physical document when you travel, if you have one."
8. The Future of Evisas
The media fact sheet published in April this year promises:
"A comprehensive range of communications activity on the implementation of eVisas is underway and will be delivered throughout 2024.
This includes a range of direct emails which will be sent, in phases, to BRP holders with instructions on how to create a UKVI account to access their eVisa. We are also proactively engaging with a wide range of targeted stakeholders to engage those impacted by the move to eVisas, and have developed a range of partner pack content (see above) to equip them to communicate widely about eVisa changes.
We will also be using official communication channels, including videos and regularly updated content on gov.uk to communicate these changes."
As we examined in our last article there have been many arguments advanced in favour of digital status, including efficiency, convenience, security and the reduction of errors.
Recent communications activity includes: 'What is an eVisa video?', 'How to travel with your eVisa video' and 'eVisa partner pack' including a factsheet.
Despite communications, there continue to be concerns about those individuals who are limited in accessing the system by not having the necessary English language skills, computer literacy and access to the needed technology. Organisations and watchdogs continue to monitor the situation and invite feedback from individuals about their experiences and to raise any concerns.
9. Contact Our Immigration Barristers
For expert advice and assistance regarding any aspect of UK immigration law, including Evisas, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.
10. Frequently Asked Questions
What is an eVisa?
An eVisa is a digital record of your immigration status in the UK. It replaces physical documents like the Biometric Residence Permit (BRP) with an online record that can be accessed through the UK Visas and Immigration (UKVI) system.
Do I need to switch to an eVisa if I have a Biometric Residence Permit (BRP)?
Yes, if your BRP expires on 31 December 2024, you should create a UKVI account and access your eVisa before the expiry date of your BRP.
How do I create a UKVI account to access my eVisa?
You can create a UKVI account using your BRP. If your BRP is lost, you can use your travel document (such as a passport) or your visa application reference number to create the account.
What should I do if I don't immediately see my eVisa details after creating an account?
If you don't see your eVisa details right away, there's no need to worry. UKVI will contact you by email once your eVisa is available to view. Until then, you can continue using your BRP.
What if I don't hold a BRP?
If you have another type of physical immigration document, you must apply for a BRP through a No Time Limit application. Once you receive your BRP, you can create a UKVI account to access your eVisa.
Do British or Irish citizens need an eVisa?
No, British or Irish citizens with a British or Irish passport do not need an eVisa or a UKVI account.
What about those with a Biometric Residence Card (BRC) under the EU Settlement Scheme?
If you have a BRC and have been granted status under the EU Settlement Scheme, you already have an eVisa and do not need to take further action.
What if my BRC is still valid but I have not been granted status under the EU Settlement Scheme?
Your BRC is no longer valid if you haven't been granted status under the EU Settlement Scheme, obtained another form of immigration leave, or become a British citizen. You should obtain an immigration status as soon as possible.
Can I travel with an eVisa?
Until the end of 2024, you must continue to carry your physical document, such as a BRP, when traveling, even if you have an eVisa.
What should I do if I need to apply for permission to stay in the UK?
Follow the usual immigration application process to apply for permission to stay in the UK.
What are the future plans for eVisas?
The Home Office plans to fully transition to digital immigration records by the end of 2024. There will be ongoing communications and updates to assist with this transition.
What should I do if I need help with the eVisa system or have concerns?
You can contact UKVI for assistance. Additionally, organisations and watchdogs are monitoring the situation and are available to help those who face challenges with the eVisa system due to language barriers, computer literacy, or access to technology.
How can I get expert advice on UK immigration law, including eVisas?
Contact our immigration barristers at 0203 617 9173 or complete the enquiry form on our website for expert assistance.
11. Glossary
Biometric Residence Permit (BRP): A physical card issued by UK Visas and Immigration (UKVI) that contains biometric data (fingerprints and a photograph) and serves as proof of a person's immigration status in the UK.
BRC (Biometric Residence Card): A card issued to non-EEA family members of EEA and Swiss nationals, which is being phased out in favor of eVisas as part of the transition to digital records.
eVisa: A digital record of an individual's immigration status in the UK, accessible online through the UKVI system. It replaces the need for physical documents like the BRP.
EU Settlement Scheme: A scheme allowing EU, EEA, and Swiss citizens, and their eligible family members, to apply to continue living in the UK after Brexit. Successful applicants are granted either settled or pre-settled status, which is recorded in the form of an eVisa.
Gov.uk: The official website of the UK government, where individuals can access various services, including the 'view and prove your immigration status' service to manage their eVisa.
Home Office: The UK government department responsible for immigration, security, and law and order. It oversees UK Visas and Immigration (UKVI) and the implementation of the eVisa system.
Immigration Status: A person's legal standing in the UK, determining their rights and responsibilities, such as the right to work, study, or access public services. This status is now increasingly recorded digitally as an eVisa.
No Time Limit Application: An application process allowing individuals who already have indefinite leave to remain (ILR) in the UK to obtain a Biometric Residence Permit (BRP) if they do not already have one.
UK Visas and Immigration (UKVI): A division of the Home Office responsible for managing the UK's visa system, including the issuance of eVisas and BRPs.
UKVI Account: An online account that allows individuals to access and manage their digital immigration status (eVisa) through the UKVI system.
View and Prove Service: An online service available on gov.uk that allows individuals to view their eVisa and prove their immigration status to others, such as employers or landlords.
Windrush Scheme: A government initiative to help individuals who arrived in the UK before 1988 to obtain documents proving their right to live and work in the UK. This scheme is particularly aimed at those who were affected by the Windrush scandal, where individuals were wrongly detained, denied legal rights, or deported.
12. Additional Resources
What is an eVisa? – UKVI Video:
An official video explaining what an eVisa is and how it works.
How to Travel with Your eVisa – UKVI Video:
A video guide on what you need to know about travelling with your eVisa, including carrying your physical documents until the end of 2024.
Detailed guidance on using the eVisa system, including setting up your UKVI account and accessing your digital immigration status.
UK Visas and Immigration (UKVI) – View and Prove Your Immigration Status:
Access your eVisa, prove your immigration status, and share your status with others.
UKVI – Biometric Residence Permits:
Information about BRPs, including how to apply, replace a lost BRP, and what to do if your BRP is about to expire.
UKVI – Contact UK Visas and Immigration:
Official contact details for UKVI, including phone numbers and online enquiry forms for immigration-related questions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.