Anyone who does not currently have access to an e-Visa will need to take action by 31 December 2024. This is because UK Visas & Immigration (UKVI) is moving to an immigration system which provides digital proof of immigration status (an e-Visa), rather than a physical document. Those who have status under the EU Settlement Scheme or who used the ID App to provide their biometric information for an immigration application will already have access to their e-Visa and so do not need to take any further action. (This includes those who were issued with both a Biometric Residence Permit and an e-Visa for their current immigration leave).
However, those individuals who currently prove their UK immigration status with a physical document alone, most commonly with a Biometric Residence Permit, will need to create an online UKVI account and access their e-Visa. The changes will also impact those who hold a legacy paper immigration document or who have a vignette in their passport.
It’s important to note that individuals whose current immigration leave expires prior to 31 December 2024 will still need to extend their current immigration leave prior to the expiry date of their immigration leave. The process of setting up an online UKVI account to access an e-Visa does not affect the person’s underlying immigration leave in the UK. For example, an individual who holds Skilled Worker leave valid until 30 November 2024 will need to submit a valid extension application prior to this date in order to be able to continue to live and work in the UK. As part of the extension application, they will usually now be issued with an e-Visa and so would not need to take any further action before 31 December 2024. However, there will be some individuals who will still only receive a new Biometric Residence Permit once their extension application is approved and so will need to follow the process outlined below.
The digital visa transition is due to complete by 31 December 2024. As a general rule, this means that all individuals with UK immigration status will need to ensure they have an e-Visa from January 2025 in order to prove their right to enter the UK and to prove their right to work and rent in the UK. If individuals do not set up a UKVI account and access their e-Visa by the end of December 2024, they may find that if they travel overseas they cannot re-enter the UK after 1 January 2025.
It's worth noting that the Home Office’s latest guidance is confusing and contradictory in places. As well as emphasising the need for those with physical documents to set up their online UK account and access their e-Visa by 31 December 2024, it also states that Biometric Residence Permit holders will be able to create their UKVI accounts post-31 December 2024 and will still be able to use the online right to work and rent services to prove their rights in the UK after their BRP expires on 31 December 2024 (assuming of course that the individual still holds valid UK immigration status). The guidance does confirm however that individuals will not be able to use expired BRPs to travel internationally.
In view of the contradictions in the guidance and the potential issues in travelling back to the UK from 1 January 2025, our recommendation is that anyone with a Biometric Residence Permit should set up an online account and access their e-Visas as soon as possible and by 31 December 2024 at the latest.
For those who hold a legacy paper document, such as a stamp or vignette in their passport confirming Indefinite Leave to Remain or a paper document confirming this, the latest Home Office guidance is again contradictory. It appears however that these individuals may continue to use their legacy document in the same way as they do now to prove their immigration status post-31 December 2024, though the Home Office is encouraging these individuals to take action to convert their status into an e-Visa. As flagged below, whether or not individuals in this situation do take action should be considered carefully.
We recommend that any relevant action is taken as soon as possible. The good news is that there is no UKVI fee for creating the online account and accessing the e-Visa.
Children also need to gain access to their e-Visas so parents will need to set up online accounts on their children’s behalf.
How to gain access to the e-Visa depends on the type of immigration document currently held:
I hold a current Biometric Residence Permit
- You will need to create an online UKVI account using this link - Get access to your eVisa: Overview - GOV.UK (www.gov.uk) – there’s no longer any requirement to wait for an email invitation from UKVI in order to do this
- The process will then prompt you to confirm your identity using the ‘UK Immigration ID Check’ App and link your online account to your e-Visa
- You should then receive an email from the Home Office when your e-Visa is ready to view in your online account (which could take a few days). If you have any issues accessing the e-Visa you should contact the Home Office web chat function - https://ukimmigration-support-webchat.homeoffice.gov.uk/evisa
- You should then log on to the account and ensure you are able to access your e-Visa. You should also check that all of the details are correct.
I hold a legacy document (e.g. stamp or vignette in my passport or other document confirming Indefinite Leave to Enter or Indefinite Leave to Remain)
The current Home Office advice is that you should submit a ‘No Time Limit’ application to transfer the current stamp/vignette/immigration permission to a Biometric Residence Permit. Once you have received the Biometric Residence Permit you will then need to create an online UKVI account, confirm your identity and link the online account to your e-Visa (in the same way as for holders of Biometric Residence Permit – see above).
This application is free of charge and the relevant form can be found here - Biometric Residence Permit Replacement Service (visas-immigration.service.gov.uk)
It can take up to six months for UKVI to process this type of application but applicants are able to travel outside of the UK whilst the "No Time Limit" application is being processed (unlike for other in-country immigration applications where this would result in the application being withdrawn).
UKVI has announced that it will launch a revised No Time Limit application process in Autumn 2024 which will bypass the Biometric Residence Permit stage and provide access to the e-Visa directly. Further information should be available at Online immigration status (eVisa) - GOV.UK (www.gov.uk) when this process becomes available.
We recommend taking further advice, especially if you settled in the UK prior to 1973 or if you have ever been absent from the UK for more than two consecutive years since obtaining Indefinite Leave to Remain.
Action to take after setting up the online UKVI account and accessing the e-Visa
- From 1 January 2025 individuals should travel into the UK with their current passport on the basis of their e-Visa. However, UKVI has expressly advised individuals to retain their expired Biometric Residence Permits as this may streamline their future immigration applications. We also recommend carrying the expired Biometric Residence Permit when travelling overseas post-31 December 2024.
Individuals with Indefinite Leave to Enter/Remain in any previous expired passports or set out in any other document should also continue to carry these expired passports with them when they travel.
- It is crucial to ensure that an individual’s current passport details are kept up to date at all times on the online UKVI account as well as any new name or contact details (including mobile phone number and email address). If an individual obtains a new passport after setting up their online UKVI account and does not update their name or contact details they risk being refused boarding or entry at the UK border and this may also result in difficulties proving the right to work or rent in the UK.
The relevant details can be updated using this link - Update your UK Visas and Immigration account details: Overview - GOV.UK (www.gov.uk)
UKVI has emphasised the benefits of moving to a digital system, such as additional security as an e-Visa cannot be lost or stolen and how it will be quicker and easier to prove status at the UK border.
In practice, the roll-out so far has not been smooth sailing. There have even been reports of an individual’s e-Visa showing details for a completely different person. Others have set up their online accounts but cannot view their e-Visas as yet.
This makes it even more important to take action now to ensure access to the e-Visa before the end of the year, particularly for those travelling out of the UK over the Christmas period. Further information can be found at Online immigration status (eVisa) - GOV.UK (www.gov.uk) and in the Home Office’s latest factsheet - Media factsheet: eVisas - Home Office in the media (blog.gov.uk)
Kerry Garcia
Jackie Penlington