By 01 January 2025, the Home Office is aiming to have a fully digitalised immigration system. Physical visa documents such as Biometric Residence Permits (BRPs) will be replaced by an electronic visa; an eVisa.
Our previous articles on eVisas and Digitalisation provide information on the changes that are taking place, how this may impact organisations, and how individuals can access their eVisa.
On 26 September 2024, our team hosted a webinar where we discussed a number of the ongoing concerns with the digitalised system, and how organisations can be best prepared for navigating this new immigration climate. Here, we consider the key questions and concerns relating to eVisas and digitalisation.
Key questions and concerns surrounding digitalisation
Given that the date for which the Home Office aims to complete their new digitalised system is swiftly approaching, immigration practitioners, and the organisations and individuals that we support, have a number of concerns and questions surrounding its implementation.
Common problems that have been identified include the following:
Incorrect information recorded on the eVisa
Certain individuals who have accessed their eVisa are finding that the information recorded on their eVisa is incorrect. This most commonly relates to incorrect visa expiry dates, and incorrect periods of permission being visible (namely, that the individuals previous grant of permission is appearing, rather than their most recent grant of permission).
This is incredibly concerning for organisations who are required to keep an accurate record of their employee’s permission, and for the individuals themselves, who are concerned as to the validity of their permission to stay in the UK and the implications that this may have for work and travel.
The current advice is to call the Home Office digital status helpline. There is a separate helpline for education institutions.
Delays in eVisas being linked
Some individuals are experiencing delays in their eVisa linking to their UKVI account following their grant of permission. The Home Office have advised that this should take just a few days, however, we are experiencing situations where it is taking up to a month or a month and a half for the eVisa to be linked and accessible to the individual.
This can cause concern for individuals where there is a significant delay. Ideally, this process would be instantaneous, and we hope to see this time frame reduce over the coming months as the Home Office continues to hone the processes that they are implementing.
Difficulties in adding a passport to a UKVI account
It is advisable for individuals to update their UKVI account details to their passport after a new grant of permission. However, individuals may find that passports issued from certain countries may not yet have biometric chips. Therefore, these particular individuals will currently be unable to link their passports to their UKVI accounts via the UK Immigration: ID Check app scanning process.
Individuals experiencing this problem, due to their passport not containing a biometric chip, can use their previous BRP card for their UKVI account. Their BRP card can still be used as their UKVI account ID document, even if the expiry date on the BRP card has passed (provided that their visa permission itself has not expired).
It was recently confirmed that children will need their own UKVI account. This can be set up by the parent, guardian, or responsible adult, and can be set up using the adult’s contact details. The responsible adult will need to be mindful of keeping the child’s UKVI account up-to-date, should any relevant details change. This account can then be handed over to the child when they become an adult, simply by changing the contact details. Will individuals receive a BRP with a new grant of permission until the end of 2024? Are individuals required to return their BRP? It is important that previous BRPs are retained, and we recommend that individuals continue to carry their expired BRPs with them when travelling, along with their eVisa and relevant travel document. This may assist in avoiding issues at the border when travelling during the digital transition.
This was a common query as, initially, no guidance was provided regarding eVisas for children. Individuals were questioning whether they would be linked to the responsible adult’s UKVI account, or whether a separate UKVI account would be necessary for a child.
It has been confirmed that BRPs will no longer be issued from 31 October 2024. Individuals will instead receive an email confirming their new grant of permission, and can then set up a UKVI account following this to access their eVisa.
Previously, it was the case that BRP holders would be required to return their old BRP cards to the Home Office following a new grant of permission. The Home Office have now confirmed that BRP holders are no longer required to return their expired BRPs to the Home Office.
Our eVisas and Digitalisation webinar
Our webinar on 26 September 2024 covered the latest changes and key considerations for organisations to ensure that they are best prepared for the ongoing digitalisation of the immigration system. Keeping on top of any relevant developments safeguards sponsors and assists them in remaining compliant with their sponsor duties.
The webinar covered the following points:
- The digitalisation process;
- eVisas;
- Creating a UKVI account;
- Actions for organisations; and
- Q&A.
How our Immigration Solicitors can help
We provide bespoke support to organisations in navigating the digitalisation process and ensuring that they remain compliant with their duties as a licenced sponsor.
Our services for businesses and organisations include:
- Advice on Right to Work processes and civil penalty/other enforcement action defence work.
- Sponsor licence applications.
- Sponsor licence management.
- On-site and remote immigration compliance reviews and mock interviews.
- Bespoke training and day-to-day legal advice and support.
- CoS assigning and visa application preparation for workers and their dependants.
- Advice on other immigration routes and options.
Our solicitors remain up-to-date with the key changes relating to eVisas and digitalisation and are best placed to advise UK organisations on any action that they need to take.
If your business or organisation requires legal assistance in relation to a sponsorship or immigration matter, or if you would like to discuss your situation with a member of our team, please contact us or complete our enquiry form below.
