Important changes to proving your UK immigration status: update on eVisa guidance

What you need to know if you have a physical document to prove your UK immigration status, such as a BRP, BRC, vignette sticker or wet ink stamp in your passport.

Most of our existing clients will already be aware that the government is digitalising how individuals prove UK immigration status. This is known as an ‘eVisa’, whereby the UKVI are replacing physical documents with an online record of an individual’s immigration status. This has already been in place for those who have been granted status through the EU settlement scheme and it is now being made available to wider groups.

On 21 March 2024, the government updated their guidance on eVisas. The information is still fairly limited and we break it down here.

The UK government will currently be replacing the following documents with an eVisa:

• biometric residence permits (BRP)
• biometric residence cards (BRC)
• passport endorsements, such as indefinite leave to enter wet ink stamps
• vignette stickers in passports, such as entry clearance or visa vignettes
• vignette stickers in immigration status documents

If you have any of the above listed documents, it is essential that you keep track of Home Office guidance as further information is provided and look out for any correspondence sent to you. The government have confirmed that updating your physical document to an eVisa does not affect your immigration status or the conditions of your permission to enter or stay in the UK.

Please see FAQs here.

How to get an eVisa

In order to access your eVisa you will need a UKVI account. This is free to create and use. On 15 May 2024, UKVI uploaded a Youtube video to their eVisa website page, demonstrating how to create and use a UKVI account. You can also watch this video here.

UKVI have introduced an eVisa Webchat function which you can use if you encounter problems setting up your UKVI account or getting access to your online status. You can find the Webchat here.

The Home Office have recently started issuing decisions on immigration applications asking individuals to create their UKVI account following their grant of leave. As this is still the transitional period, BRPs will still be issued for those who are granted leave before December 2024, however individuals do not need to wait to receive their BRP to create an account.

Please note: you will need to create your own account. Your personal details need to be attached to your account so that you can keep it updated and only you should be linked to your account.

If you are a student or would like information on how this affects student visa holders, please click here for more information.

---

If you have a BRP

Those who were granted leave from 1 January 2020, received a BRP with an expiry of 31 December 2024, even though this is not the expiry of leave. All individuals holding BRPs expiring this year can now create a UKVI account without requiring a link to be sent directly from the Home Office.

If you have a passport endorsement, or vignette sticker

If you have a passport endorsement, or vignette sticker which confirms indefinite leave to enter or indefinite leave to remain (also known as settlement), you must make a ‘no time limit’ (NTL) application. If your NTL application is successful, you will be issued with a BRP and then will be able to make an account for an eVisa later this year. You can make this application via this link. Until then, you should continue using your immigration document as normal.

We strongly advise that you keep informed and sign up for updates on the government website.

We will also continue to provide further information on our website as we receive it.

If you have a BRC

Biometric Residence Cards were issued to those who were granted permission to stay in the UK because of their relationship with a family member from the EU, Switzerland, Norway, Iceland or Liechtenstein (EEA).

If you still have a BRC endorsed with any form of leave that has not been granted under the EU Settlement Scheme (EUSS), your leave is no longer valid even if the BRC is not expired. This is because the UK has left the EU, and the EU free movement law no longer applies. If this applies to you, you may still be able to apply for status under the EUSS, however you will need to provide a valid reason for a late application as the deadline for EUSS applications was on 30 June 2021. In order to make this application, you must also have been living in the UK before the end of 2020.

If you have been granted status under the EU Settlement Scheme and still have a BRC, you do not need to take any action as you should also have an eVisa. If you are not sure that you do have an eVisa, you should make enquiries with the Home Office as soon as possible.

There is currently no information whether any other documents, such as asylum registration cards (ARC), will be digitised.

Benefits to an eVisa

• Once you have an account, it will contain details of your immigration status, including the type of your permission to stay in the UK, when your stay expires, your right to work, right to rent, right to access public funds etc. You will also be able to share information directly from your account with relevant people (i.e. your employer or landlord) by creating a share code, which you can do here. The share code will give others time-limited access to your immigration status information. 
• You will not need to wait for, or collect, a physical document after your application is decided.
• It will be quicker and easier to prove your status at the UK border. You currently need to travel with both your national passport and your UK immigration document (i.e. BRP). It is anticipated that once you have an active eVisa account, your eVisa will be linked to your national passport and you therefore only need to travel with your passport. You will need to ensure to update your eVisa account if you obtain a new passport or if any of your details change. However, until the systems are fully integrated, we strongly recommend that for the time-being, even once your eVisa account has been confirmed and is in use,  you continue to carry your UK immigration document with you to avoid any issues at the UK border upon re-entry.

Please see link here for a video prepared by the Home Office on how to travel with an eVisa.

• It cannot get lost.

Potential issues with the new electronic system

• It requires individuals to have some knowledge of technology.
• Government Terms & Conditions of a UKVI account:
  • The Home Office will not be liable for any loss or damage that arises from use of the UKVI account. This includes: any direct, indirect, or consequential loss, any inability to use the UKVI account, any disruption to access to the UKVI account any information that is lost or corrupted while data is being transmitted, processed or downloaded from the UKVI account.
  • If there are reasonable grounds to believe an account holder, helper or proxy has breached any of these terms and conditions, or there are other reasons to believe the security of an account has been breached, access to the UKVI account may be suspended, restricted, or terminated without notice. 
  • If an account is suspended, restricted, or terminated, then visa holder may lose ability to be able to demonstrate presence and legality in the UK.

There are ongoing discussions with UKVI in respect of eVisas and we will continue to provide updates on our website.

Published on 21 March 2024, and updated on 18 April 2024, 1 May 2024, 20 May 2024, 2 July 2024, 22 July 2024 and 6 August 2024.

Bindmans Immigration News

Tanya Goldfarb speaks to The Observer about the ‘frightening and frustrating’ move to eVisas.

:Bindmans’ Immigration team sign ILPA open letter to Home Office with concerns about eVisas.