The previous government initiated the digital transition along with the new electronic travel authorisation for UK visitors, insisting that these changes would make showing immigration status smoother and more secure.
Yet mounting concerns for those caught out by the eVisa’s hard deadline of 31 December are only now being addressed by immigration minister Seema Malhotra. With all biometric residence permits (BRPs) expiring at the end of December and the new eVisa taking over from all legacy physical documents and stamps as proof of immigration status, many still experience difficulties setting up accounts. Others may not be aware of the digital change, which will not affect people’s UK immigration status but will affect how they prove their right to work, rent, access benefits and travel.
Read more: Should the UK introduce a digital nomad visa?
What should HR teams do?
Most employers’ right to work checks will have used the UKVI online service and aren’t affected by the eVisa transition. HR teams should be aware that where an employee’s permission lasts into 2025 and beyond, BRPs have a standard expiry date of 31 December 2024. So, where they’ve only done a manual check of a BRP (which sufficed until April 2022), their statutory excuse (defence against civil penalties for employing an illegal worker) may run out on 31 December with the BRP.
In such cases they should make sure they have carried out another updated right to work check using a share code by the end of the year – especially as the civil penalty for illegal working has now been raised to up to £60,000 per employee.
How to apply for an eVisa
Most European nationals should already be able to access their eVisa through their digital UKVI account created with their EU Settlement Scheme permission or other current visas. British and Irish citizens will continue to use their passport or certain other documents. It would be advisable for anyone else still relying on physical documents to apply for an eVisa sooner rather than later.
Read more: Digital right to work check regulations go live
This should be a simple matter of creating a UKVI account on the government’s eVisa website using their BRP number or unique application number from their last visa application as well as a valid passport or identity document. A short application form must then be completed on the 'UK Immigration: ID Check' app on tablet, smartphone or computer to link the UKVI account to an eVisa. The process is free. An email confirming an eVisa should arrive a few days later and they can then check they are able to generate a share code to confirm UK immigration status by using the ‘View and Prove’ service.
Easing the transition
“More than 3.1 million people, mostly with BRPs, have successfully made the transition to eVisas from March to November this year," Malhotra announced on 4 December, warning: "There are still a proportion of customers who have not yet signed up. We would strongly encourage them to do so. We also encourage all parents or carers to create accounts for their children."
Acknowledging that glitches in the system are still occurring, Malhotra confirmed in a parliamentary statement that BRPs expiring at the end of the year may still be used to generate a share code to prove rights to work and rent, provided the person has valid immigration status.
To allay fears of those struggling with their eVisas being stuck if they travel in the new year, she also announced that airlines and other carriers will be able to accept a BRP or EUSS BRC expiring on or after 31 December 2024 as valid evidence of permission to travel until at least 31 March, and that this date will be kept under review. Anyone who already has access to their eVisa is advised to generate a share code before they travel, as these can be used for up to 90 days, but also to carry their expired BRP if they have one, as an extra document carriers can check.
Ross Kennedy is client manager at Vanessa Ganguin Immigration Law
