ARTICLE
2 September 2024

"Goodbye BRP, Hello EVisa": The UK's Leap Into A Digital Immigration Era

SS
Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
The UK Government will phase out physical immigration documents by January 1, 2025, transitioning to a fully digital system. This change will streamline access to services, improve security, and facilitate easier travel for visa holders through eVisas. Employers must prepare for the transition to ensure compliance and assist employees in updating their digital immigration status.
United Kingdom Immigration
To print this article, all you need is to be registered or login on Mondaq.com.

In an effort to introduce a fully digital immigration system, the UK Government has announced that Biometric Residence Permits (BRP), Biometric Residence Cards (BRC) and any other legacy paper documents with ink stamp or visa vignette will be phased out, and that as of January 1, 2025, they will no longer be in circulation.

How individuals with a UK visa will be impacted:

  • Easier ability to prove right to work and right to rent;
  • streamlined electronic access to public services and certain private services, such as banking; and
  • easier international travel.

Why is this happening?

The digitalization of the UK immigration status marks a significant development in the Home Office's overall plan to implement a fully digital border by 2025. The intention is to render the border process more efficient, reduce the risk of document tampering, increase security, and put eVisa holders in control of their own data, as well as enable them to share their right to rent and work status more easily.

The electronic visa account and application process was first introduced in 2018, and it has been used for EU Settlement Scheme applicants since then. In the future, the Home Office also plans to phase out the UK entry visa vignettes and allow applicants to rely on their digital UK visa linked to the identity document, such as passport, to prove their UK status.

An eVisa functions as an online record of an individual's UK immigration status, including any applicable conditions, and is linked to their passport. The status can be viewed through the UK Visas and Immigration (UKVI) View and Prove Service. By December 31, 2024, eVisas will replace physical documents like BRPs, and everyone must ensure they have an eVisa account in order to be able to prove their UK status.

What is required for transition from employers?

UK-based employers are highly advised by the UK Visas and Immigration to communicate with their employees about the move from physical immigration documents to eVisas. Whilst the UK status will not be affected as part of the transition, the way the employees can prove their status in the UK will be affected by the change. Employers need to ensure their employees can prove their UK status and can travel overseas without delays.

To avoid business disruption, employers should start planning a communications strategy to notify staff that they need to apply for an eVisa UKVI account. Employers can distribute information about the transition in the following ways:

  • Distribute emails targeted for employees who currently hold a UK visa or residence status.
  • Publish content about eVisa on company's intranet.

Employers should also decide what level of assistance to provide for the application process itself, and if they want their employees to receive support from the HR team or external immigration advisor.

What is Required For Transition From Employees?

  1. Check Your Eligibility for eVisa Account
  2. Register for the UKVI eVisa account
  3. Add Your Identity Document (Passport) to the UKVI Account

On August 15, 2024, the Home Office announced that the process to apply for eVisas is open to all individuals who currently hold BRPs. Previously, the eVisa transition application been available only to individuals who had been specifically invited to apply as part of the beta testing. The registration for eVisa account can be done with the BRP card, or in absence of the BRP card, with the person's UAN reference number that can be found in their latest UK visa decision email.

As the first step, the BRP holders must check if they already have an eVisa account. If they have previously applied for a UK visa in the UK using a UKVI account, they are likely to already hold an account. The applicants must login into the UKVI account using their BRP or passport, and ensure all details are up to date, including their name, UK visa validity, and travel documents.

Individuals who have "indefinite leave to enter" the United Kingdom, or "indefinite leave to remain," may prove their rights through a different type of physical document (e.g., a wet-ink stamp in their passports or a vignette sticker). These individuals must make a "no time limit" (NTL) application, which will replace their current visa with a BRP. Once in receipt of a BRP, these individuals can create a UKVI account to access their eVisa later in 2024.

The eVisa linking option on the UKVI account can take several days to appear. The visa holders should not worry if this does not appear immediately – they would need to log out of the UKVI account and re-access their account once notified that the eVisa linking option is available. In order to support the technical transition of all UK visa holders into eVisa, the Home Office created a dedicated support team to assist with any questions or problems. Everybody should contact the Home Office, if they encounter issues with their eVisa account, such as incorrect information within the account or technical errors.

Until the end of 2024 or until the expiration date of the existing BRP card, all individuals should continue to carry their BRP cards.

Next Steps for Employers

Overall, the UK status of employees is not affected by the transition to eVisas.

However, employers must take action if they have been tracking the expiration date of their employees' UK status as the expiration date of the BRP cards (i.e. December 31, 2024). In this case, the employers must complete a new online Right to work check using their digital status share code and track the correct expiration date of the employee's eVisa.

Ongoing Action for Employees

Any UKVI account holder must keep up to date the personal information in their UKVI account, such as contact details, name, and valid travel documents. To check what details must be updated and to make any updates, please follow the steps here.

Importantly, all UK eVisa holders must link their international passport (all passports, if several) and any identity cards used for travelling back to the UK into their UKVI account. This can avoid delays when returning to the UK and when boarding the international carriers, because the UKVI account will be linked digitally to their current travel identity document that is used for the trip. In case the document that you use to travel is not up to date in your UKVI eVisa account, you may experience delays during travel. You can watch a video on how to travel with your eVisa.

Finally, there are estimated 4 million holders of the BRP cards in the UK. Thus, the Home Office is stepping up its publicity and external communication drives to ensure wider eVisa literacy amongst the public and institutions. The Home Office is also working to provide additional support to individuals who do not feel comfortable operating digital technology, and who need help with completing the forms or accessing their digital status.

Please follow the dedicated eVisa page of the UKVI for latest updates.

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More