Don’t Get Left Behind: The importance of switching to an e-Visa in the UK before 31 December 2024 and the consequences of ignoring it!

From 1 January 2025, the United Kingdom will fully implement a digital immigration system known as the “eVisa.” This transition signifies that an individual's UK immigration status will be maintained electronically, eliminating the need for physical documents such as Biometric Residence Permits (“BRPs”), Biometric Residence Cards (“BRCs”), ink stamps, or visa vignette stickers in passports. 

This change affects all individuals who are not British or Irish nationals, including EEA nationals, as all migrants currently living in the UK are expected to transition to the digital system by the end of the year.

Individuals currently holding any of the aforementioned physical documents must create a UK Visas and Immigration (“UKVI”) account by 31 December 2024 to access their eVisa. Creating a UKVI account will not alter or affect the individual’s existing immigration status or their rights in the UK, but it will serve as the primary means of verifying their immigration status and any restrictions related to their right to work in the UK. 

Employers will utilise the eVisa to confirm an individual's eligibility to work in the UK. Furthermore, the eVisa will also be essential for verifying individuals’ rights to enter the UK for longer periods, which exceed the parameters of a visit. 

For those who already possess an eVisa, including individuals granted status through the EU Settlement Scheme, they must continuously ensure that their details remain up to date on their UKVI account. Failing to do this could lead to unnecessary questioning at UK borders upon re-entering the UK and potential delays.   

To further emphasise the importance of taking the right steps, we wish to highlight that all BRPs and BRCs currently have a maximum expiry date of 31 December 2024, regardless of whether the individual’s permission to remain in the UK expires at a later date. 

If an employer recorded 31 December 2024 as the visa expiry date when conducting a right to work check, the Home Office states that a follow-up right to work check must be completed by 31 December 2024, again regardless of whether the individual’s permission actually expires at a later date.  

It is therefore vital to check employee records and, in such circumstances, to ensure individuals create a UKVI online account and can access their online status. This will provide assurance that the employees continue to have the right to work, avoiding hefty civil penalties for illegal working and disruptions to business operations. 

It is crucial to recognise that changes can present challenges. Below are some of the important considerations to navigate the process of creating a UKVI account and avoiding potential complications that could hinder an individual’s ability to work or enter the UK:

• Current Passport or Travel Document: Ensure the individual’s online UKVI account is linked to their current passport or travel document. We have seen several examples of individuals who have failed to do this when, for instance, their passport has been renewed. Without the individual’s current passport being linked to their UKVI account, migrants may face difficulties on entering or re-entering the UK as the data held on the Home Office’s systems will not match the data being supplied at border control.

• Personal Information: Ensure that personal details, such as the individual’s name, are up to date on the UKVI account. For instance, if an individual marries and changes their name, this must be notified to the Home Office immediately, otherwise, this could result in consequences and complications mentioned above. Additionally, an individual must keep their address and contact details up to date to avoid missing important pieces of correspondence from the Home Office relating to their UK immigration status.  

• Verification Delays: If any details have changed, the individual may need to provide original documents to the Home Office for verification. This process can take time, and until their online account is updated, they may encounter difficulties in demonstrating their immigration status for employment purposes or when re-entering the UK.

• Retention of Physical Documents: Individuals must keep their physical documents, including their BRP, BRC, or even an expired passport with the vignette stamp. These may prove invaluable in the event of any issues or technical glitches with the Home Office’s online system. We have received Home Office correspondence requesting that applicants cut their BRP cards and send it back to the Home Office once they have set up their account. However, Philippa Rouse, the Senior Responsible Owner of the Immigration Platform Technologies Programme at the Home Office, stated that “you must not do this”, at the risk of failing to prove your online immigration status in the UK during the transition period (speaking at the Westminster Legal Policy Forum).

• Technical Challenges: For those who may not be particularly tech-savvy, the online registration process can be daunting. It is advisable that individuals set up their UKVI online account as soon as possible to mitigate any complications.

The transition process from physical to electronic methods of immigration status verification will present significant challenges which could negatively affect those with leave to remain in the UK. Therefore, it is crucial that UKVI online accounts are correctly created to prevent obstacles at borders and to avoid travel delays. If the individual’s passport or travel document does not match their personal details registered on their UKVI account for any reason, they risk being held at UK borders for questioning and, in the worst scenario, being detained for a long period of time while checks are being conducted.  

What Should UK Employers Do

Employers should ensure that their migrant employees, including EEA nationals, have registered their online immigration status well in advance of the 31 December 2024 deadline. Failure to do so may cause significant disruption to business operations; employees could face difficulties re-entering the UK; and, quite critically, employers may be unable to adequately demonstrate that employees have the right to work in the prescribed manner. 

Our experienced immigration team is available to assist in ensuring the process is completed correctly, avoiding any complications in proving immigration status in the UK. 

For assistance with any of the issues discussed, please contact Mandeep Khroud, Partner and Head of the Immigration Team at Irwin Mitchell.