(5 min read)
UK Visas and Immigration (UKVI) has just published updated guidance and a factsheet providing some helpful practical tips relating to eVisas as part of the Home Office's move towards a digital visa system. In particular, the Home Office confirmed that migrants should retain their expired BRP cards after 31 December 2024. We take a look at the latest guidance.
As we reported in our article in June 2024 available here, the Home Office is replacing physical documents with online eVisas from 1 January 2025. BRPs will be phased out and eVisas will be an electronic record of an individual's immigration status in the UK and the conditions attached to their stay. For this reason, BRPs are currently being issued with end dates of 31 December 2024, even if an individual's permission allows them to stay longer.
Updated information
How and when to apply for an eVisa?
- All individuals with a BRP card can now visit www.gov.uk/eVisa to create a UKVI account to access their eVisa – they no longer need to wait for an email invitation to create a UKVI account.
- UKVI is encouraging all BRP card holders to take action now to register to access their eVisas, before their BRP cards expire on 31 December 2024.
- The updated guidance confirmed that applicants will be able to do this on behalf of their children and there will be assistance options available for vulnerable groups, those with access needs and those who may have difficulty completing an electronic form.
What will the eVisa mean?
- The eVisa does not change a migrant's visa status, but it changes how their immigration status is viewed/ evidenced.
- Migrants will still need to apply to renew their visas before they expire in the usual way, registering for an eVisa will not extend their visa.
- The Home Office has confirmed that eVisas will also streamline access to key services for migrants, and it will provide other public bodies with automated access to their immigration status e.g. the NHS and Department for Work and Pensions.
What will happen to my immigration status after my BRP card expires on 31 December 2024?
- When physical BRP cards expire on 31 December 2024, individuals' immigration status will not be affected (i.e. migrants will not lose their visas because their BRP expires) but how they view/ prove their immigration status will change from 1 January 2025.
- If an individual has not registered with UKVI in time, they will be able to use their expired BRP card to register for a UKVI account and access their eVisa.
- If individuals already have an eVisa, including those with status under the EU Settlement Scheme, they will need to keep their contact and passport details up to date via their UKVI account. Otherwise, they do not need to take further action.
Do I need an eVisa for international travel?
- eVisas will be required for international travel from 1 January 2025 (all carriers across air, rail and sea should be able to access eVisa information electronically).
- If an individual also has an eVisa, they should still carry an in-date BRP card for international travel purposes until the BRP expires.
- Expired BRP cards will not be able to be used for international travel. However, we suggest that these are carried for a period in any event as this could be presented as additional documentation at the border in the event of issues or delays.
What should I do with my expired BRP card? Can I use it to evidence my status?
In its latest guidance, UKVI has confirmed that individuals should keep their expired BRP cards, even after they are issued with eVisas and their BRP cards have expired. UKVI has provided a number of reasons for this:
- Evidencing an expired BRP card should mean that future visa applications to stay in the UK are more streamlined.
- Individuals will be able to use expired BRP cards to apply for eVisas after the 31 December 2024 cut-off date to generate evidence of their right to work and rent status (provided they still have valid status).
- Individuals will be able to use their expired BRP card to register for a UKVI account and access their eVisa.
What does this mean for employers? Should we conduct additional right to work checks?
The introduction of eVisas does not trigger a requirement for employers to conduct further right to work checks on their existing employees. However, it may be advisable to conduct right to work checks again if a manual right to work check was done initially.
- Online right to work check: If a right to work check was conducted online (which was a requirement from 6 April 2022), then this would have shown the actual expiry date of the individual's leave to remain in the UK, so no further right to work check will be needed.
- Manual right to work check (prior to 6 April 2022): If a right to work check was conducted manually on an individual's BRP card (which was permitted as an alternative to the online check prior to 6 April 2022), then the expiry date may have shown as 31 December 2024, and therefore the employer may not know the actual expiry date of that individual's right to remain in the UK. As such, it may be prudent to conduct a further right to work check, as the employer will not have a statutory excuse beyond 31 December 2024 if they carried out an original document check on the BRP.
Right to work checks for new hires should be carried out in the usual way. However, going forwards, migrant workers may evidence their right to work using their eVisa, by providing a share code to verify the visa.
