UK Visas & Immigration (UKVI) has been transitioning to a digital immigration system in recent years and this was due to be completed by 31 December 2024.
However, not everyone has yet obtained access to their e-Visas (an online record of the individual’s immigration status). Failure to set up an online UKVI account and access the e-Visa could mean individuals are unable to travel to the UK (if refused boarding by the airline) or are unable to prove their right to work/rent in the UK. In this article, we set out some key action points for those with UK immigration status.
Background
Those who were granted status under the EU Settlement Scheme (e.g. pre-settled or settled status) or who used the ID App to provide their biometrics for an immigration application should have already set up an online UKVI account and been able to access their e-Visa as part of those applications so did not need to take any further action. However, those who did not already have an online UKVI account were supposed to have created one and accessed their e-Visa by the 31 December 2024 deadline. All remaining Biometric Residence Permits expired on 31 December 2024, even if immigration leave was granted and valid beyond that date. For example, someone could have valid UK immigration leave until April 2025 but their Biometric Residence Permit was only issued until 31 December 2024.
Given many individuals still had not accessed their e-Visa by December 2024, in fear of another Windrush scandal, the Home Office announced that, as a temporary measure, until 31 March 2025, expired Biometric Residence Permits would still be treated as valid for the purposes of enabling individuals to travel to the UK and could still be used to enable individuals to obtain the required share code to prove their right to work and rent in the UK. This is of course subject to individuals still holding valid immigration permission beyond 31 December 2024.
Potential action points
It's important to take any required action to ensure that individuals can continue to demonstrate their UK immigration status. Failure to set up an online UKVI account and access the e-Visa could risk being unable to travel to the UK (if refused boarding by the airline) or being unable to prove their right to work/rent in the UK.
- For those who have a Biometric Residence Permit or Card but who do not yet have an online UKVI account they should create this account and access their e-Visa as soon possible - Get access to your online immigration status (eVisa) - GOV.UK
- Check the e-Visa is correct. If there is an issue this should be reported to the Home Office as soon as possible (including where individuals cannot access their online UKVI account) - Report an error with your eVisa - GOV.UK
- Even where the individual has an online UKVI account and has accessed their e-Visa it is now advised to do the following when travelling overseas:
- travel with a copy/screenshot of the e-Visa;
- travel with the Biometric Residence Permit that expired on 31 December 2024 (if relevant); and
- generate a share code before travelling out of the UK (in case the airline asks for this) - View and prove your immigration status: get a share code - GOV.UK. Share codes are valid for 90 days.
Although the digital transition was intended to make it quicker and easier for overseas nationals to prove their status at the UK border and share their status with third parties like employers and landlords so far that does not appear to be the case. We will have to wait and see how the digital transition goes beyond 31 March 2025 and if these teething problems are fully dealt with by the Home Office.
Jackie Penlington