Millions are being invited to switch from physical immigration documents to E-Visas in an attempt to modernise and introduce the digital immigration system to the UK. From 17 February 2024 the Home Office began sending emails to all those with physical immigration documents called Biometric Resident Permits (BRPs), inviting them to create a UK Visa and Immigration Account to access their E-Visas. The E-Visas are digital proof of their immigration status.
The government argues that E-Visas bring substantial benefits to the UK public and E- Visa customers because they are secure, cannot be lost, stolen or be tampered with and can be accessed anywhere in real time. It is securely linked with the holder's unique biometric information in the same way as BRPs, to protect against identity fraud. Those who wish to check their immigration status will be able to conduct one quick simple check using the secure online service on Gov.uk.
The government announced this move to be in line with other countries which have replaced and/or are planning to replace the physical immigration documents with digital forms of immigration status. The Home Office also announced that individuals who lost or had their BRP stolen will not be able to seek a replacement and must register with UKVI Account to obtain an E-Visa as evidence of their immigration status. For information as to how to go about obtaining an E-Visa and how to create an account please link on the following link.
What are the potential problems?
It is a sudden change that might create a "cliff edge" situation for migrants. There is a real risk that the change risks a repeat of the Windrush scandal in which many people with valid leave to remain were unable to prove their immigration status. It is likely that people with limited access to the internet would struggle to access the online account. The Home Office announced that up to £4 million will be made available in funding to voluntary and community sector organisations across the UK to provide free assistance to vulnerable individuals. Currently, Migrant Help, Citizens Advice Scotland and the Welsh Refugee Council are offering free support to help people transition to E-Visas. According to the Open Advice Group the term "E-Visas" is misleading as users will not receive a digital visa that can be stored on their devices for easy access but instead register for an account that will allow them to generate a new online status each time it is required.
What will it mean for recruitment?
The Home Office advised employers that for existing employees employers will maintain a statutory excuse against a civil penalty if initial checks were undertaken in line with the guidance that applied at the time the checks were made. Only where an employee's existing permission to stay is due to expire, is confirmed via the initial check, will they need to carry out follow up checks to maintain the statutory excuse. Almost all BRPs and BRCs are due to expire on 31 December 2024. This expiry date refers to the document only and not to the holder's underlying immigration status. Therefore, there is no need to recheck the status of an existing employee just because a BRP or BRC expires on 31 December 2024. The right to work check standard would be updated if there are any changes.
What will happen to people who fail to get an E-Visa by 31 December 2024?
Getting an E-Visa is not compulsory for people who already have physical permits. The expiry of the permits after 31 December 2024 does not affect their underlying immigration status but someone who has not set up their E-Visa should not leave the UK as they may be unable to return. Carriers such as airlines will not allow people to board a flight without proof that the person is entitled to enter the UK. In principle, the Home Office will automatically notify carriers of each passenger's permission to travel but if someone has not set up an UKVI account or linked their passport, he or she may be denied boarding even if they have a valid immigration status.