eVisa: A guide to understanding the UK’s new digital immigration system

Written by: Chris Benn

13/09/2024

The UK is transitioning to a fully digital immigration system, replacing physical immigration documents with an online record known as an eVisa. This change will affect millions of people, making it crucial to understand how to navigate the new system effectively. In this article we go through what this change means and what steps you can take to be prepared. 

What is an eVisa?

An eVisa is an online record of your immigration status in the UK, replacing traditional physical immigration documents like biometric residence permits (BRP), biometric residence cards (BRC), and legacy immigration documents, such as passport endorsements (e.g., ink stamps in passports), and vignette stickers in passports. 

The Home Office started issuing eVisas to EU citizens and family members granted status under the EU Settlement Scheme (EUSS) and is now setting up eVisas to persons granted immigration status under most other immigration routes (e.g. student visas, skilled worker visas, family visas).

Why is the Home Office switching to eVisas?

The Home Office states that eVisas offer several benefits compared to physical immigration documents:

  • Security: eVisas cannot be lost, stolen, or tampered with, unlike physical documents.
  • Convenience: eVisas can be issued immediately removing the need to collect a physical document after the immigration application is approved.
  • Ease of Use: It should be quicker to prove immigration status at the UK border and share status with employers, landlords, and other third parties.

Your UKVI account

Unless you already have an eVisa – as noted, anyone with pre-settled or settled status under the EUSS will already have one, as will some other immigration routes – to access an eVisa you must first create a UK Visas and Immigration (UKVI) account. Once you have set up this account, it allows you to view your immigration status, to update your personal information and share your immigration status with others when needed using the Home Office View and Prove service (by generating a “share code”). Some public bodies such as the DWP and the NHS can check your immigration status without you needing to provide a share code. 

There is no cost to create a UKVI account – you can set up the account by going to this link and following the steps (note the below “Who needs to take action” section as not everyone will be able to set up a UKVI account immediately.)

Once your account is set up, you can view your eVisa details, including your type of immigration permission, expiry date of your status (if you have limited immigration permission), and conditions of stay. Your eVisa is linked to your passport, so it’s important to keep your passport details updated in your UKVI account; for example, if you change your passport you should link your new passport to your UKVI account by following the steps at the Update your UKVI account details webpage. If you’re waiting for confirmation of your new passport being updated to your UKVI account, it’s advisable to also carry your old passport to avoid delays at the border.

Who needs to take action?

If you have a physical immigration document then, as set out above, you should create a UKVI account to access your eVisa and so you can prove your immigration status once physical documents are phased out. As the majority of biometric residence permits (BRPs) will expire at the end of 2024, it is very important for BRP holders to take action.

Steps for BRP holders:

  • If you hold a BRP, you can now create your UKVI account, which will allow you to access your eVisa. 
  • You can continue using your BRP until it expires; for example, you should carry it with your passport when traveling internationally.
  • You should keep your UKVI account up to date with any new passport or contact details using the ‘Update your UK Visas and Immigration account details’ service.
  • You should retain your BRP even after creating a UKVI account, as you might need the reference number for future applications.

Guidance for Legacy Document holders:

  • If you have indefinite leave to enter or remain and use a passport with an ink stamp, vignette sticker, or another legacy document, you will need to apply for a ‘No Time Limit’ status, or potentially make a late EU Settlement Scheme application or apply to the Windrush scheme. You may need to get legal advice to understand what the most appropriate application for your circumstances is. 

If you make an NTL application, this is free with successful applicants receiving a BRP which is then used to set up a UKVI account and access an eVisa (note that shortly the Home Office will stop issuing BRPs to NTL applicants and instead will directly set up eVisas).

For BRC holders under the EU Settlement Scheme (EUSS):

  • If you have a biometric residence card and have been granted status under the EUSS, you already have a UKVI account and access to your eVisa and can use the ‘view and prove’ service to verify your rights.
  • You can continue using your BRC until it expires; for example, you should carry it with your passport when traveling internationally.
  • You should keep your UKVI account up to date it with any new passport or contact details using the ‘Update your UK Visas and Immigration account details’ service.

For BRC holders who have not applied to the EU Settlement Scheme (EUSS):

  • If you have a biometric residence card issued under the EEA Regulations but have not applied to the EU settlement scheme, you must make a late EUSS application as soon as possible. This is because although the BRC may appear to still be valid (e.g. if the expiry date has not passed), because the EEA Regulations no longer apply to the UK following Brexit, you need to be granted immigration status under the EUSS in order to hold lawful immigration status. When making a late EUSS application you must explain in your application, the reasons that you have missed the deadline to apply; for example, if you have been able to use your existing BRC to work and travelling in and out of the UK, you should explain this in the application. 

For British and Irish Citizens:

  • If you are a British passport holder or Irish citizen, including those who have acquired British citizenship after previously holding an immigration status, you do not need to take any action. However, if you are a dual national without a British passport, it is recommended that you apply for a passport to make is straightforward to pass immigration checks, including at the UK border.

For those who need to set up eVisas it is important to do this as soon as possible to ensure that you can continue to prove your immigration status rights. To reiterate, you can now set up your own UKVI account at this link . 

Potential challenges with the eVisa system

As can be seen above, the Home Office argues the new eVisa system offers several advantages compared with physical immigration documents. However, the move to a digital only system also arguably presents significant challenges, particularly for person with needs who are not used to engaging with online only systems. One of the primary concerns is the speed of the transition whereby at the end of this year, the majority of BRPs will expire irrespective of whether the millions of individuals who possess them have set up a UKVI account to gain access to a digital eVisas. Many people may not be aware of this change and others may be unclear what they need to do or how they need to do it. This would potentially leave them with significant difficulties proving their legal status, access public services, or claim benefits. To mitigate this problem, the Home Office has confirmed that BRP holders will be able set up eVisa accounts after the BRP has expired and, that expired BRPs can still be used for online right to work and rent checks into 2025: 

“Customers will be able to create an account quickly and easily post-2024, using their expired BRP if needed, at www.gov.uk/evisa. BRP holders will still be able to use the online right to work and rent services to prove their rights once their BRP expires – provided they still have valid status – although they are encouraged to register for a UKVI account and to use that to access those services.”

It is not clear how long these mitigations will remain in place in 2025 and so BRP holders are strongly encouraged to set up a UKVI account as soon as possible. 

Even with these mitigations in place, from 1 January 2025 travel back to the UK is likely to be very challenging for BRP holders who have not set up an eVisa, as they will not be able to show to carriers (airlines, Eurostar, ferry companies etc), that they have a visa or immigration status. As these carriers face significant liability penalties for bringing persons to the UK who do not have the correct permission, there is likely to be significant reluctance by carriers to engage with those who do not have an eVisa after their BRP has expired. 

Even those who have an eVisa could face difficulties if they have not linked their current ID / travel document (in most cases this is a passport but can be an EU national ID card for those with EUSS status), to their UKVI account. This is because the advanced passenger check carried out by the carrier with the Home Office will not identify that the person holds an eVisa (and therefore will not confirm they have permission to travel to the UK), unless their ID / travel document is linked to the eVisa. The Home Office guidance to carriers will be updated to set out the process from 1 January 2025, so presumably once this guidance is published it will be possible to see if there are any mitigations to ensure that those with valid immigration status but no eVisa are able to return to their homes in the UK. 

Finally, concerns have been raised about the reliability and accessibility of the eVisa system itself. Since the system relies entirely on digital access, individuals without internet access or digital literacy skills may struggle to create and manage their UKVI accounts. The Home Office has announced there will be support in place to assist vulnerable persons to set up eVisas, but as this support has not been fully launched yet it is not possible to say whether all those who need support will receive it in time for the changes that are coming. The Home Office runs a call centre called the Resolution Centre and provides a webchat service, for those who have questions about setting up an eVisa. 

Even for those who have been issued with a UKVI account and eVisa, there have been some technical issueswith eVisas issued under the EUSS that have prevented some people from being able to prove their rights. Although the Home Office indicates that such issues affect a small percentage of eVisa holders, it is clear that with millions of functioning eVisas and millions more to be set up, that even a small percentage of technical issues could affect a lot people, creating a risk that some individuals might be unable to prove their legal rights when needed most.

Conclusion

The new digital system is designed to make managing your immigration status in the UK more secure and convenient. However, the move to eVisas requires millions of immigration status holders to take action and set up a UKVI account to ensure they can access their eVisa. This is particularly important for those with a BRP which will expire at the end of 2024. Once you have a UKVI account and eVisa, it is important to keep your details updated – particularly your ID / travel document – to avoid issues with proving your rights in the UK.