It is 2024 and the Home Office is finally going digital! At present, the vast majority of people who are in the UK subject to visas, will hold a physical document to evidence their status. This physical document is usually in the form of a Biometric Residence Permit (BRP). For the last couple of years, in readiness for the digital transition, all BRPs have been issued with an expiry date of 31 December 2024, unless the leave granted by UKVI will expire before that date.
The Home Office is intending to transition to a fully digital system of evidencing immigration status by 1 January 2025, at which point all persons subject to visas in the UK will be required to hold an e-visa. An eVisa is an online record of your immigration status and the conditions of the type of permission you have to enter or stay in the UK. The e-visa is linked to the holder’s passport and personal details. The eVisa holder will be able to access their digital account to view their immigration status and share it with others including employers and landlords.
However, the switch from BRP to eVisa will not happen automatically; all visa holders, regardless of your status in the UK, will need to set up your account yourself. Initially, individuals needed to await an invitation email from the Home Office before they were able to set up their e-Visa account, which caused some unease. However, on 6 August 2024, the Home Office announced that all BRP holders can now set up their account and access their eVisa. It is important that you set this up as soon as possible, if you are currently in the UK subject to a visa in any category and have not done so already.
Setting up your e-visa
Before setting up an eVisa, you will need to set up a UKVI account. You will then need to confirm your identity using the ‘UK Immigration ID Check’ app. You can download this app from the Android or App Store on your phone or tablet. You will also need a mobile telephone number, an email address and your BRP card to complete the process. Once your account is set up and your application is approved, you will then be able to access the Home Office’s View and prove service (your eVisa).
Travelling with an e-visa
Given that your BRP will no longer be valid at the end of this year, it is important that you make sure the details on your UKVI account are correct and up to date before you travel to the UK. It is essential that your current passport is linked to your eVisa – this may include more than one passport for dual nationals. You do this by logging into your account and selecting ‘add a new identity document.’
Be aware that until the end of this year, you will still be required to travel with your passport and Biometric Residence Permit, regardless of whether you have successfully set up your e-visa. The linked passport must then be the passport used for travel, e.g. as listed on the flight booking. This is because the airline or other international carrier will verify that the person has an eVisa by scanning their passport and receiving a message from the Home Office system in response, confirming there is a valid eVisa linked to the individual’s passport.
Where more complicated updates are required, such as for a change of name, it may be necessary to upload further documents and the change to your account may take longer to be processed. In this case, the update would need to be made well in advance of the date of travel.
Proving your status
You may need to prove your right to prove your status, for example to your employer or a letting agency. Once you have a UKVI account, you can generate a share code through the following link: https://www.gov.uk/view-prove-immigration-status.
What happens if I hold Indefinite Leave to Remain in the UK, but I have never held a BRP?
There are still people in the UK who were granted Indefinite Leave to Remain in the UK many years ago, before the implementation of BRPs. These individuals generally have an ‘endorsement’ or ‘vignette’ in an expired passport, evidencing their status in the UK. The Home Office guidance on eVisas confirms that individuals in this position will not be able to set up an eVisa account; they will firstly need to submit a No Time Limit (NTL) application to the Home Office to confirm their status. This application can be made here. If their application is successful, they will get a UKVI account and access to an eVisa automatically.
This article was written by Rebecca van der Veer, paralegal, and Lisa Mulholland, partner and head of our Immigration team, who – as always – are here to assist if needed, so please do get in touch if you have any questions.