Posted Wednesday 5th February 2025
As part of the UK moving towards a fully digitalised immigration system, the transition involves replacing physical immigration documents with an online record of an individual’s immigration status. This is known as an eVisa. This development promises a more streamlined, secure, and accessible approach to managing immigration status online.
All individuals holding a UK visa, Indefinite Leave to Remain or Settled Status on a Biometric Residence Permit or in their passport, were previously required to transfer their immigration status from a physical document to an eVisa by 31 December 2024.
Failure to register for a UKVI account, and apply for an eVisa, will not result in loss of immigration status but will complicate the ability of status holders to demonstrate their rights. This may result in challenges such as proving their right to rent and work, receive public funds or smoothly returning to the UK at the border when travelling. This equally applies to family dependents, including children, who will need to register for a UKVI account to access their eVisas.
Following a successful eVisa application, the holder will continue to prove their rights to rent and work via online ‘share codes’, which is already common practice for employers and landlords throughout the UK. Passports are additionally linked to the individual’s UKVI account, allowing the holder’s immigration status to be seamlessly identified at the border without the need to present further evidence. Unlike physical cards, the eVisa cannot be lost and details are easily recoverable through the Home Office’s security processes that are set up at the point of account creation.
However, just weeks before the 31 December 2024 hard deadline, the UK government postponed the full transition to eVisas due to concerns about potential disruption for people travelling and proving their immigration status. On 4 December 2024, the government announced an extension until at least 31 March 2025. Until then, individuals can continue to rely on their biometric cards to evidence their right to remain in the UK and for travel purposes.
The eVisa system has faced significant criticism for its implementation challenges. Over 3.1 million individuals have successfully transitioned to eVisas. However, some users, particularly those without valid identification or who may be struggling with the technical process, have faced barriers. The roll-out of applications for the online account that would enable people to view and prove their status digitally did not open until 6th August 2024, leaving less than five months for the UK’s more than 10 million migrants and refugees, and all of the UK’s employers, landlords, bank staff and civil servants who must conduct checks by law, to learn about the change and take action to be able to use the new system.
As part of the obligation to carry out right to work checks, any employer with employees who hold time-limited immigration permission must keep a record of the expiry date. We recommend that all employers carry out regular internal audits to ensure that they hold the necessary records and that those records are complete and up to date.
Most employees with time-limited immigration permission whose current employment started on or after 6 April 2022 will have been required to obtain a share code so that their employer could do an online right to work check. Where an online right to work check has been completed, it will confirm the employee’s actual immigration permission expiry date. In those cases, the employer does not need to take any further action, other than keeping a record of the expiry date and completing a follow-up right to work check prior to that date in the usual way.
However, if your records show that an employee’s time-limited immigration permission expires on 31 December 2024 or if you have no records at all, you should complete an online right to work check as soon as possible. This online check will confirm the employee’s actual immigration permission expiry date, enabling you to keep a record of that date and complete a follow-up right to work check prior to that date.
Employers who do not have an accurate record of time-limited immigration permission expiry dates run the risk of allowing employees to work beyond their permission expiry dates, leading to civil penalties of up to £60,000 per employee.
It is also prudent to encourage employees to register for a UKVI account and apply for the eVisa if they have not already done so, to minimise any disruption to the business and affected employees.
Individuals holding older ‘legacy’ paper-based documents, such as passports with ink stamps or visa vignette stickers, can continue to use these for Right to Work checks where the rules currently already permit them to do so and where the individual continues to hold valid status. However, these individuals are being encouraged to transition to eVisas to ensure ongoing proof of status when the new digital system eventually takes full effect.
Under the revised guidelines, airlines should now accept expired BRPs and EUSS BRCs as valid proof of travel until 31 March 2025, provided the individual has valid immigration status.
The key points for travellers are:
While the UK government has assured carriers and travellers that this extension applies, travellers should still ensure they carry supporting evidence of their right to reside in the UK. This includes checking the UKVI portal for eVisa status or obtaining confirmation letters where needed.
Travellers failing to provide the correct documentation could face therefore issues at the border or risk being denied boarding. As such, it is essential they remain proactive in ensuring airlines recognise the validity of their expired BRPs.
We recognise that adapting to digital changes can be challenging. Whether your migrant workforce need support setting up or updating their UKVI account, we are here to help. Assistance is also available for those without internet access or the necessary digital tools.
Joelson can also provide your business with training and advice on any of the issues described above.
If you have any questions relating to right to work checks, UK visa applications or any other immigration law matters, please get in touch with our Head of Immigration, Mariam Khaliq.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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