Better Safe than Stranded - Transition to eVisas Now!

While there are some transitional arrangements being brought in, failure to register for an eVisa will eventually lead to individuals being refused entry to the UK.

The eVisa will be the most efficient way to prove immigration status once the transition is complete. All physical immigration status documents (BRP’s, BRC’s, passport vignettes) will be replaced with a digital immigration status/eVisa. While there are some transitional arrangements being brought in to facilitate the switch to digital, failure to register for an eVisa will eventually lead to individuals being refused entry to the UK.

Transitional measures:

• Old permits can still be used to set up an eVisa after 31 December 2024. The Home Office has effectively extended the validity of permits into 2025 as a transitional measure; however it is still in the individuals best interests to set up their eVisa urgently.
• As part of the transitional measures, the Home Office have confirmed they will allow carriers - such as airlines – to initially accept an expired biometric residence permit or EU Settlement Scheme biometric residence cards as valid evidence of permission to travel after their expiry date of 31 December 2024 and this should be the case until at least 31 March 2025. Nonetheless, we would urge individuals to set up their eVisa before travelling to the UK in the new year, as they may still face refusal of entry or delays at the border if they do not yet have an eVisa ready.
• In all cases, the person’s underlying immigration permission needs to remain valid. Someone who lets their visa expire will not be able to rely on an old residence permit to travel to the UK, even during this transitional period.
• It is not clear how long these transitional measures will last. Once phased out, people with expired residence permits may be denied boarding onto flights to the UK, even if they do have valid immigration permission. It is therefore essential to sign up for an eVisa as soon as possible.

Actions for employers:

• Identify any employees who will be impacted by the transition.
• Communicate these changes to the workforce and provide support through the process. Specifically, ask employees to retain their last expired BRP card to assist with their future visa applications.
• Ensure visa-holders create an online UK Visas and Immigration (UKVI) account to access their eVisa before the end of the year.
• Consider if employees require additional documentation while traveling over Christmas and New Year.

Shoosmiths can provide support and comms to help you take the above recommended steps. Please reach out to your Shoosmiths contact to discuss your needs.

Actions for individuals:

• Set up an eVisa: Ensure you set up an eVisa as soon as possible to avoid any issues with proving your legal status or traveling to the UK.
• Check your immigration permission: Make sure your underlying immigration permission is valid and up to date.
• Stay informed: Keep an eye on updates from the Home Office regarding the duration of these transitional measures.

How to set up an eVisa:

• Create an online UKVI account before 31 December 2024 using: Online immigration status (eVisa) - GOV.UK. No fee is required to create a UKVI account, and this is quite a simple and quick process.
• Use the “view and prove service” to access the eVisa. They can do this here: View and prove your immigration status: get a share code - GOV.UK.
• Keep personal details linked to the eVisa account up to date.

This information is provided on an “information basis” and is not a replacement for legal advice. For specific queries, contact the Shoosmiths Immigration Team.