eVisas and Digitalisation: modernising the UK’s Immigration System

eVisas and Digitalisation: modernising the UK’s Immigration System

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The Home Office’s digitalisation strategy is expected to be complete by the end of 2024 and will have a significant impact on businesses, education providers and individuals.

In this article:

The digital future of immigration is upon us. The Home Office has commenced their ‘digitalisation’ strategy, whereby visa application processes and proof of immigration status is moving to apps and eVisas. Carter Thomas continues to ensure that businesses, education providers, and individuals are informed of the latest changes.

Our team is fully engaged with the Home Office’s digitalisation strategy and are best placed to advise on key developments.

We have provided key information below for businesses, education providers, and individuals about the digitalisation of the UK’s immigration system.

UK businesses and the digital future

It is important that UK businesses are prepared for the digitalisation of the immigration system, and that adequate processes are put in place to ensure they maintain their immigration compliance.

We are seeing an increase in Home Office compliance action in the form of sponsor licence suspensions and revocations. It is, therefore, more important than ever that sponsor licence holders are up to date with compliance.

A key element of the digitalisation strategy is the move to eVisas. It is important that employers are aware that all Biometric Residence Permits (BRPs) have the standard expiry date of 31 December 2024, even where the individual’s permission extends beyond that date. A right to work check would confirm the individual’s correct visa expiry date.

Individuals are being requested to create a UKVI account in order to view their immigration status digitally. The Home Office have advised that all BRP holders should create a UKVI account to access their eVisa, and must do so before the expiry of their BRP.

Businesses are expected to hold a record of their employees with time limited permission, or Indefinite Leave to Remain (ILR). It is important for businesses to have effective HR systems in place to identify these workers and ensure efficient processes are in place regarding compliance with right to work checks.

The current process for conducting checks is set out in the right to work guidance. Please do take a moment to review this so that you are familiar with the guidance.

Businesses with a sponsor licence must also ensure that they are retaining adequate records of their sponsored employees in line with Appendix D of the sponsor guidance. Our team specialises in advising sponsor licence holders on their duties as a licenced sponsor.

We recommend that businesses and sponsor licence holders are in contact with affected employees to ensure that they are aware of the move to eVisas and the need to set up a UKVI account to access their status. Our guide on eVisas and setting up a UKVI account is a helpful resource for such individuals.

It is also important that businesses follow up with their employees as to whether they have accessed their digital status. Failing to set up a UKVI account and access their status in good time may impact employees who are required to travel frequently for work, therefore, this can assist in preventing issues in re-entering the UK at a later date.

Our team specialise in assisting sponsor licence holders with sponsor compliance and are aware that many businesses have concerns regarding the new digital immigration system. For expert advice and guidance, please contact us.

If you require further information, contact one of our Immigration Solicitors or complete our enquiry form below.

Individuals and the move to eVisas

By 1 January 2025, the Home Office is expecting to have a fully digitalised immigration system. This means that individuals who hold a physical visa document, such as a BRP, Biometric Residence Card (BRC), or a passport endorsement, will be required to access an eVisa through a UKVI account.

The Home Office began emailing invites to set up a UKVI account in April 2024. The Home Office are advising that all individuals who hold a BRP can now create a UKVI account and access their eVisa. Individuals must do this before the expiry of their BRP. Individuals who have lost their BRP may be able to use their travel document, such as a passport, or their visa application reference number to create their UKVI account. If a UKVI account has been created and the eVisa is not yet visible, the Home Office are advising that they will be in touch when the eVisa is available to view.

BRPs and BRCs are now no longer being issued. All individuals with successful applications from 31 October 2024 are informed in their grant of status letter that they will receive an eVisa, together with instructions on how to create or access their UKVI account, and how to link their travel document to their eVisa.

Our guide on setting up a UKVI account and accessing an eVisa is a useful resource. The Home Office have also released a list of organisations that are now available to support individuals with setting up their UKVI account.

Individuals with passport endorsements, or vignette passport stickers, are unlikely to be able to set up a UKVI account. In such instances, we recommend that individuals with old-style ILR endorsements make a No Time Limit (NTL) application. An NTL application allows individuals to apply for confirmation of their status on an eVisa. As the processing time for this application is in the region of six months, we recommend that such individuals seek advice sooner rather than later.

Many individuals are concerned about their ability to travel with an eVisa. The Home Office have provided guidance on how to check an eVisa is correct before travelling, which can be found here.

We understand that the move to a digital immigration system can be concerning for individuals who are required to evidence their permission to stay in the UK. Our team specialise in assisting individuals with immigration applications; please contact us for expert advice and guidance.

Education providers

It is important that education providers are prepared for the new digital system, both in terms of maintaining their duties as a licenced sponsor, and in ensuring their students are prepared for the move to eVisas.

UK education providers who hold a sponsor licence will need to ensure that sufficient processes are in place to maintain their immigration compliance. The Home Office are increasingly taking compliance action in the form of sponsor licence suspensions and sponsor licence revocations. Such action can have a significant impact on an education provider’s ability to sponsor Skilled Workers and enrol overseas students.

It is, therefore, of utmost importance that sponsor licence holders are up to date with compliance and have adequate processes in place.

It is important that education providers are aware that all Biometric Residence Permits (BRPs) have the standard expiry date of 31 December 2024, even where the individual’s permission extends beyond that date.

We recommend that education providers are in contact with affected employees and students to ensure that they are aware of the need to set up a UKVI account to view their status and access their eVisa. Our guide on eVisas and setting up a UKVI account is a helpful resource for such individuals.

Our team specialise in advising education providers on immigration compliance for sponsors and offer a bespoke sponsor licence compliance review to assist with this. For expert advice and guidance, please contact us.

How our Immigration Solicitors can help

If you would like to discuss your immigration needs, or would like information about our services and fees, please contact us.

The Legal 500 has said that our team provides:

that extra bit of listening, care and explanation that engenders the client’s trust and makes them feel comfortable’.

More Home Office Digitalisation FAQs

Will the new digital system impact right to work checks?
Currently individuals who hold a BRP or BRC, or already have a UKVI account, can access a share code online to share with their employer. BRPs alone cannot be used to establish an employee’s right work. With the phase-out of BRPs and BRCs, an increasing amount of individuals will be required to access their UKVI account to generate a share code to allow their employer to view and prove their right to work.

It is important that organisations consider the right to work guidance and checklist carefully and refer back to this frequently, in light of the significant changes we are likely to see in coming months.

What if I have not received an email with instructions on creating a UKVI account?
The Home Office are advising that all BRP holders should now create a UKVI account to access their eVisa. Therefore, it is not advisable to wait for an email invite from UKVI. Individuals can create a UKVI account by following the steps in our eVisa guide.

I have ILR in the form of a stamp in an old passport, how can I access an eVisa?
We are seeing a number of individuals with old-style ILR documents who are concerned about the move to digital status. Individuals with ILR endorsements in an old passport are unlikely to be able to set up a UKVI account, and will firstly need to make a No Time Limit application to receive a BRP in order to then create a UKVI account.

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