Thursday 15 August 2024

The Home Office is in the process of replacing Biometric Residence Permits (BRPs) with digital immigration status (eVisas). Most BRPs are due to expire on or before 31 December 2024. BRP holders are required to apply for an eVisa to evidence their immigration permission digitally from 1 January 2025 onwards.

The Home Office has now announced that the process to apply for eVisas is now open to all individuals who currently hold BRPs (having previously been available only to individuals who had been specifically invited to apply).

This long-awaited rollout of the eVisa application process to all BRP holders marks a significant development in the Home Office’s overall plan to implement a fully digital border by 2025. The intention behind development of a digital border is to render the border process more efficient, reduce the risk of document tampering, increase security and put eVisa holders in control of their own data as well as enabling them to share their right to rent and work status more easily.

BRP holders can now undertake the simple procedure to apply for their eVisas via the relevant gov.uk page, available here: https://www.gov.uk/get-access-evisa. The Home Office guidance page on eVisas has also been updated to reflect this new development.

The Home Office has also released helpful videos which demonstrate how to apply for an eVisa, available here.

Delays with eVisa link availability

In order to access their eVisas, individuals must first create an online UK Visas and Immigration (UKVI) account. Once the account is set up, individuals should be able to access a link on their account to create their eVisa.

The eVisa linking option on the UKVI account is currently taking several days to appear in certain cases. Applicants should therefore not worry if this does not appear immediately – they may log out of the UKVI account and re-access their account once notified that the eVisa linking option is available.

Technical issues

With the general rollout of the eVisa application process, the Home Office will be dealing with a large volume of applications over the coming months. This is likely to multiply the number of technical issues with the eVisa process, which have been coming to light since the initial partial eVisa rollout in April 2024. For example, some applicants have reported that their eVisa displays incorrect information, including incorrect types of permission, expiry dates, and in some cases incorrect work restrictions. Others have reported instances of their eVisas displaying information pertaining to totally unrelated individuals. Such cases are extremely concerning, as in such cases individuals may be unable to prove their permission and therefore their rights to enter, stay and work in the UK. Individuals experiencing such issues are advised to contact the Home Office, although serious technical eVisa issues can sometimes take a long time to resolve.

Wider issues with eVisas

There remains the wider issue that a certain proportion of BRP holders will lack sufficient digital literacy to obtain an eVisa, or to access their eVisa without undue difficulty when required. There have also been reports of institutions such as banks, employers and universities not understanding the validity of eVisas when presented with them by the holder.

In terms of overseas travel, it remains to be seen how efficiently the digital systems of international carrier companies (airlines, ferry companies, Eurostar) will integrate with Home Office eVisa databases from 1 January 2025. In combination with the European Union’s new digital Entry and Exit System (EES) and the UK’s rollout of its Electronic Travel Authorisation (ETA) scheme to a wider range of nationalities (for which further rollouts are projected for Autumn 2024 and Spring 2025) delays in crossing the UK border may become more common.

The Home Office is working to provide additional support to individuals who do not feel comfortable operating digital technology, and is stepping up its publicity and external communication drives to ensure wider eVisa literacy amongst the public and institutions. However, with such a seismic shift in the way immigration permission is managed, it will be impossible to avoid issues altogether, particularly in light of the up to 4 million BRP holders who may be affected and the existing evidence of technical faults. It is yet to be confirmed whether the Home Office will implement a a grace period following the 31 December 2024 deadline. This would be much welcomed to ensure that technical issues can be resolved without causing undue distress and difficulty for affected individuals.

Get in touch

If you are a holder of a BRP due to expire on 31 December 2024, or an employer with employees who have BRPs, speak to your assigned LDI lawyer to discuss the eVisa process or email enquiries@lauradevine.com. You can also sign up to our mailing list for the latest news and updates.