Going digital: eVisas – what do you need to know?

By 1 January 2025, the Home Office aims to have a fully digitised immigration system. This means that physical visa documents, such as Biometric Residence Permits (“BRPs”), will no longer be able to be used to prove an individual’s immigration status and instead they will be replaced by an electronic confirmation of their right to enter or remain, known as an “eVisa”.

Whilst initially, visa holders were advised they had to wait to be invited to create their UKVI account to gain access to their eVisa, on 6 August 2024 the Home Office announced that all BRP holders could go ahead and create an account without prior invitation.

It is due to the digitalisation implementation date of 1 January 2025 that current BRP holders who have visas which are valid after that date still have an expiry date of 31 December 2024 on their BRP. It is the physical documents themselves which are expiring, as they are being phased out, rather than the visas or legal permission to enter or remain in the UK which is expiring.

What is an eVisa?

An eVisa is an electronic record of an individual’s immigration status. The key difference between a document such as a BRP and an eVisa is that, rather than a physical document, an eVisa – and the information it contains – is only held online.

Much like a physical immigration document, an eVisa will store an individual’s unique biometric information in order to prevent fraud. At present a BRP is the means by which a person can prove their identity, their right to study and their right to any public services or benefits they are entitled to.

However, this is set to change. There are various benefits of eVisas but the government’s thinking is that they will be a more secure method of storing a person’s immigration status, they cannot be lost and they will be easier to update.

eVisas will replace all physical immigration documents including BRPs, biometric residence cards (“BRCs”), passport endorsements and vignette stickers in passports. From 2025 onwards, holders of an eVisa will not need to travel with any physical visa documents. The only physical document they will need is their current passport which will be linked to their UKVI account.

Individuals should note that swapping their BRP for an eVisa will not impact upon their immigration status or expiry date. They will not lose their legal status simply because they do not have an eVisa, but not having an eVisa will likely impede travel in and out of the country.

They can continue using their BRPs until they expire, keeping them safely following this date in case they are required for any future applications. It is important that BRP holders travelling before their BRP expires carry their BRP with them regardless of whether they have accessed their eVisa.

What is the process of getting an eVisa?

In order to set up access to an eVisa online, individuals will need their date of birth, BRP number, phone number, access to an email address and a smartphone.

Individuals will be able to apply using this link which will prompt them to create an account and follow specific steps to access an eVisa. The Home Office has also posted a video which is easy to follow and guides the applicant through the steps.

Legacy document holders with settled status and who do not have a BRP already, will need to take additional steps before being able to set up access to an eVisa online. In addition, it should be noted that not all holders of physical documents will be required to apply for an eVisa where they already have these as part of their initial application. For example, those who have a BRC and have been granted status under the EU Settlement Scheme, will already have an eVisa – generated at the same time as their BRC – and so do not need to take any action to obtain one. Those who are not sure about their position should take advice.

What should employers be aware of?

Employers must continue to undertake right to work checks in the usual away – most commonly done through the online right to work check service – following the government guidance in place at the time.

We are anticipating strain on the system and we know by experience that, understandably, people like to be with their families abroad over the festive period. BRPs will be expiring on 31 December 2024 and will no longer be valid.

To avoid issues on re-entry to the UK and possible business disruption, if you are an employer of migrant workers you should encourage those affected by the eVisa changes to engage in the process now.