“Goodbye BRP, Hello eVisa”: The UK’s Leap into a Digital Immigration Era

Seyfarth Shaw LLP
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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;
  • increased 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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Seyfarth Shaw LLP

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