Britain’s visa system is going digital: what steps should you take?
vanessa@vanessaganguin.com +44 (0) 20 4551 4787 +44 (0) 7855 817714 |
vanessa@vanessaganguin.com +44 (0) 20 4551 4787 +44 (0) 7855 817714 |
5 November 2024
The UK’s immigration system is undergoing a digital transformation this year and there are two aspects the government is keen you should know about. Those currently using physical documents to prove their immigration status will need to transition to the eVisa by the end of the year. In addition, visitors who don’t need a visa to enter the UK on a business or leisure visit will need to apply for the new Electronic Travel Authorisation (ETA) before travel.
Who will need an eVisa?
Those who have not managed to transition to a digital proof of status by 1 January 2025 do not lose their immigration status, just a way to prove it and associated rights such as work, study, rent, accessing public services, travel to the UK. Transitioning to an eVisa isn’t compulsory if someone has UK immigration permission but biometric residence permit (BRP) and biometric residence card (BRC) documents are set to expire by December 31, 2024, even if holders’ immigration permission extends beyond that date.
People with pre-settled status or settled status under the EU Settlement Scheme, or those who used the ‘UK Immigration: ID Check mobile App’ to make an immigration application should already have an eVisa. All those who have British or Irish citizenship need not do anything either, as they will be able to continue to use their passport to evidence their rights.
The UK government is urging everyone else with a physical proof of status to start the generally simple process to transition as soon as possible. I write “generally simple” as we have been helping a few people who have experienced complications with the process, so I would advise giving this a go sooner rather than later.
I am also concerned about how the Home Office will inform four million BRP holders of the changeover by the end of the year. Since the UK left the EU, for instance, we have had to help many Europeans and their family members who had pre-Brexit documents that said “Permanent Residence” and so were understandably unaware they had to apply for the post-Brexit EU Settlement Scheme and missed the June 2021 Settlement Scheme deadline. Whatever the resources of the Home Office’s current marketing campaign, the eVisa has made far fewer headlines than Brexit, so with the clock ticking, it is worth checking that people you know who may be affected are aware of the eVisa outlined below.
What do employers need to know about the eVisa?
Employers must always keep on top of changing UK right to work practices as well as the dates when employees’ right to work expires. I recommend regular audits. If an employer’s records show a work visa is valid beyond the expiry of an employee’s BRP on 31 December, it is not generally necessary for the employee to transition to an eVisa. However, if the right to work check only involved checking the BRP – which was acceptable procedure up to guidance changes in April 2022 – a worker should transition to an eVisa in order to prove their right to work beyond the end of this year.