eVisas: make sure your staff make it back from their Christmas travels

As part of the move to a digital immigration system, the Home Office stopped issuing Biometric Residence Permits (BRPs) on 31 October 2024.

All BRPs issued before that date have an expiry of 31 December 2024. Instead, visa holders will now be issued with an eVisa which will be linked to their UKVI account, and this will evidence their right to live and work in the UK. This is part of a move to an immigration system which is “digital by default”.

Together with the new Electronic Travel Authorisation (ETA), this will essentially mean that in time, all non-British or Irish nationals will need advanced digital permission to travel to the UK (be it an eVisa or an ETA).

Who needs to take action?

Anyone who holds one of the following immigration documents:

• Biometric residence permit (BRP)

• Biometric residence card (BRC)

• Passport endorsements

• Vignette stickers in passports

Individuals with a BRC who have a status under the EU Settlement Scheme will already have an eVisa. Their grant letter/email will have set out details of how to access and use their eVisa.

Those who have applied for further leave to remain, and have, or will be receiving a decision after 31 October 2024, will receive an eVisa as evidence of their right to remain in the UK.

Expired BRP cards should no longer be returned to the Home Office and instead should be kept securely by the holder.

Employees who already have an eVisa do not need to take any further action. However, they must ensure that they keep their personal details up to date on their UKVI account.

British and Irish citizens, including those who have acquired British citizenship do not need to create a UKVI account or take any action in relation to an eVisa.

Why do employees need to access their eVisa?

From 31 December 2024, UK visa holders will no longer be able to rely on their BRP as evidence of their immigration status and instead will need to be able to access their eVisa. This is especially important as many will be travelling abroad during December and January, returning to the UK after 31 December 2024. They must ensure they are able to access their eVisa and that all information is correct on their UKVI account before they leave the UK. If they fail to do so, they may be delayed or even denied boarding.

Visa holders will also need to be able to access their eVisa in order to get a ‘share code’ to prove their immigration status to employers and landlords.

How can employees access their eVisa?

Employees will need to create a UKVI account and can do so by following the steps here. They should ensure that they keep their UKVI account updated with their personal details. Any errors on an account should be reported to UKVI as soon as possible. 

UKVI began to issue emails to migrants who hold physical immigration documents in August 2024, however not everyone has received an email. Therefore, you may wish to issue advice to employees on the need for them to create a UKVI account to access their eVisa. Our specialist immigration lawyers would be delighted to assist with any correspondence you plan to issue to employees in relation to eVisas.

Do we need to carry out a follow up right to work check if a BRP expires on 31 December 2024?

No, the online right to work check carried out will confirm when an employee’s right to work has expired. A follow up check is not required if a BRP expires on 31 December 2024 and the employee has leave beyond that date. However, we do expect the Home Office’s guidance on the completion of right to work checks to be amended to reflect the expansion of eVisas, with an anticipated move from the employer checking service to online checks for example.

Some practical tips

• Individuals should not leave this until the day before they travel. Once the UKVI account is set up it can take several days for that to be linked to their eVisa.

• Visa holders must ensure they are able to access their eVisa before they travel abroad.

• Individuals should carefully review all details on their eVisa to ensure it is accurate. If there are errors, UKVI can be asked to rectify these. This should be done before any travel overseas.

• Visa holders should ensure they carry their BRP, passport and eVisa with them when travelling outside of the UK and Common Travel Area.

• Visa holders must ensure they update their UKVI account promptly if they change passport to avoid travel headaches. We would recommend carrying both their new passport and their old one (or a copy of it) when travelling in case of delays in the electronic paper trail updating.

• Any employees who have indefinite leave to remain and hold evidence of their right to remain in their passport or other legacy document should ensure they make a “No Time Limit” application so that they are able to access their eVisa and UKVI account. This is a free application.

• Awareness of this change still seems to be quite low. As such employers may wish to consider issuing comms to employees to ensure they are aware of the need to create a UVKI account and access their eVisa.

• Affected individuals can subscribe for UKVI alerts on the process here: Create a GOV.UK One Login or sign in - GOV.UK (www.gov.uk)

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at November 2024. Specific advice should be sought for specific cases. For more information see our terms & conditions.