Who needs an eVisa and why is the UK’s digital immigration change controversial?

4 July 2024

Will I need a digital eVisa for the UK?

The new eVisa is a digital proof of immigration status, replacing the physical biometric residence permit (BRP) and other documentary proof of UK immigration status.

From 17 April 2024, the Home Office began sending emails to non-EU immigrants with a BRP, inviting them to set up a UK Visas and Immigration (UKVI) account.

EU immigrants who have pre-settled or  settled status should already have digital status.

The UK government aims for border enforcement to go digital with physical immigration documents phased out by 2025. To these ends it has also introduced the Electronic Travel Authorisation (ETA) – a digital permission to travel to the UK for those who do not need a visa to visit.

The Home Office says this new digitalisation initiative will bring the UK into line with other countries and address concerns that BRPs could be lost, stolen, or tampered with. The eVisa would be a more secure link to holders’ biometric information and safeguard against identity fraud.

Digital proof would allow holders to prove their status more easily, whether at the UK border or for landlords or employers. eVisas would also allow shorter waiting times for UK immigration applications, as people no longer need to wait for a physical document to arrive before travelling.

What is a biometric residence permit?

A biometric residence permit (BRP) is a physical document that includes someone’s name, date and place of birth, and biometric information (fingerprints and a portrait photo), as well as immigration status and whether they can access public funds like the NHS or benefits schemes.

A BRP is received after being granted permission to enter the UK and can be used to confirm identity, right to study and right to any specified public services. The BRP is one of several documents that are being replaced by eVisas, along with biometric residence cards (BRCs), passport endorsements, and vignette stickers in passports.

Who will need an eVisa?

People with a biometric residence permit

Waves of BRP holders are being invited in phases by email to create a UKVI account that will allow you to access your eVisas before the transition process opens for all those with a BRP over the summer of 2024.

People with a biometric residence card

If you have a biometric residence card (BRC) and you have been granted status under the EU Settlement Scheme, then you should already have an eVisa and would not need to take any action.

There should be details of how to access and use your digital status in the grant letter or email from UKVI. For now, you should continue to carry your BRC with you when you travel internationally.

People with a different physical document

If you have another physical document that can prove indefinite leave to enter or indefinite leave to remain such as a vignette or passport stamp, you should make a ‘no time limit’ (NTL) application.

Following a successful application you will receive a BRP. You will then be able to transition to a digital immigration status through a UKVI account.

To access an eVisa you will need to create a UKVI account

To create a UKVI account you will need your BRP number or an application number that will have been sent to you after applying for a visa, as well as your valid passport or identity document details. You can create one on the www.gov.uk/eVisa website.

Then, you need to use the “UK Immigration: ID Check” app on a tablet, smartphone or laptop to confirm your identity. You will need to take photos of your documents and face. Finally, there is a short application form to complete, linking your account to your eVisa. You should then receive an email within a few days confirming that your digital eVisa is available to access.

It is worth checking your current travel document is linked to your eVisa before travelling outside the UK.

When do I need an eVisa by?

Most BRPs expire at the end of 2024, and after this date physical documents are expected to be completely phased out as the process becomes fully digital.

What happens if I don’t meet the deadline for an eVisa?

Once your BRP expires, although your immigration status does not change, you will have trouble proving it without a UKVI account and an eVisa.

What are the concerns about the transition to eVisas?

Concerns have been raised about how the Home Office will inform four million BRP holders of the changeover and process their applications to access their eVisas by the end of the year. The Home Office has been criticised for imposing a ‘cliff edge’ deadline at the end of 2024, instead of gradually phasing in digital immigration statuses. This precarious position has been compared to the circumstances of the Windrush scandal if non-EU immigrants end up left behind without adequate proof of their rights to reside and work in Britain.

People who do not speak English or have easy access to the internet may be at a disadvantage with the clock ticking to inform everyone to make the transition. Some invitation emails to allow customers to create UKVI accounts have been sent to solicitors’ emails instead of the customers. Since these emails include no personal details for the purpose of security, we have no way of knowing for whom the invitations are intended.

Non-EU citizens who were granted indefinite leave to enter or remain before BRPs were introduced in 2008 have been asked to apply for a BRP first before they can apply for an eVisa. This requires a no time limit (NTL) application which can be a slow and difficult process which can take months to complete.

Applicants are expected to provide an extremely thorough record of their residence in the UK and any travel in and out of the country. The process could lead to investigations. Periods of absence from the UK of longer than two years would jeopardise indefinite leave to remain.

EU citizens who were granted indefinite leave to enter or remain before BRPs were introduced may be able to apply to the EU Settlement Scheme instead of making an NTL application, but may still need to show extensive evidence covering their residence history in the UK.

People who have lived in the UK for many decades may find it hard to evidence their residence for all of these years. Elderly applicants or anyone who struggles with technology may need help making an NTL application, and there is limited infrastructure to support these people. Some NTL applications may be hindered by incomplete records of residence and travel, and this could often be the fault of the Home Office instead of the individual.

If an applicant did not have a passport for years when they were not travelling, they may struggle to find another way to prove their whereabouts. Similarly, applicants will struggle to prove travel that took place if the Home Office ever failed to stamp their passport on a journey (which is even more common since the introduction of automated e-Passport Gates).

Plus there are also concerns over whether the Home Office has the capacity to deal with technical failures and mitigate glitches that could occur within the digital immigration status system. If multiple identities have been created for one individual this can cause problems with eVisa applications.  This is already known to be causing significant problems for some holders of eVisas and EU citizens’ rights group the3million has been monitoring problems with digital status and created a tool for reporting these.

Please call our friendly immigration experts on 0207 033 9527 or email enquiries@vanessaganguin.com if you would like help with the transition or if you have any UK immigration questions you would like to discuss.