The Home Office has issued much-needed information and resources about the ongoing transition from physical immigration documents to the eVisa digital system. With an expiry deadline of 31 December 2024 for physical documents, there remains considerable progress to be made over the coming months to ensure those affected by the changes do not fall foul of the new rules from 2025 in what could effectively become a repeat of the Windrush scandal.
As an employer, it is important to understand how this change will affect both you and your employees who currently rely on physical documents like biometric residence permits (BRPs) to demonstrate their immigration status.
Section A: Timeline for Transition to eVisas
eVisas are a digital proof of immigration permission in the UK. In 2025, the majority of physical immigration documents will be replaced with eVisas as the digital record of an individual’s immigration status.
The documents being phased out include biometric residence permits (BRPs), legacy paper documents such as passports with ink stamps or vignette stickers indicating indefinite leave to enter or remain, and biometric residence cards (BRCs).
Most BRPs and BRCs are set to expire on 31 December 2024. However, this expiry date pertains to the document itself and not the holder’s underlying immigration status.
Individuals holding an eVisa will instead be able to access their status through a UK Visas & Immigration (UKVI) account. Many people in the UK are already using their UKVI accounts, and as an employer, you might have experience checking an individual’s right to work using a share code generated by this system.
In a written statement published on 4 December 2024, Seema Malhotra, the Parliamentary Under-Secretary of State for Migration and Citizenship, announced that expired BRPs and EU Settlement Scheme (EUSS) biometric residence cards will now remain valid for travel until at least 31 March 2025, an extension on the original 31 December 2024 deadline, provided the individual holds valid status. Read more about the extension of the eVisa rollout here.
Section B: Who is Affected?
The transition to eVisas will affect migrants who are currently living and working in the UK. Those with existing visas – including employees who currently use a physical immigration document, such as a BRP, to prove their immigration status – will need to create a UKVI account to access their eVisa if they do not already have one. They can do this by visiting: https://www.gov.uk/guidance/online-immigration-status-evisa to learn how to create a UKVI account to access their eVisa, and where they can also find additional background information.
From autumn 2024, nearly all new visa applicants in the UK will be issued an eVisa instead of a physical document, and British and Irish citizens will continue to prove their rights using their current documents, such as their British or Irish passports.
Section C: Impact of eVisas on UK Employers
For new and prospective employees, employers should continue to ask those who need to prove their immigration status to use the online right to work service to generate a share code. Employers can then check their right to work using the share code at https://www.gov.uk/view-right-to-work.
While eVisas will become more common, some physical documents will still be valid for proving the right to work.
For current employees, employers are protected from civil penalties if the initial right to work checks were conducted in line with the guidance that was in place at the time of the check. A follow-up check is only necessary if an employee’s permission to stay is due to expire, as indicated by the initial check.
Although the majority of BRPs and BRCs are set to expire on 31 December 2024, there is no need to recheck the status of an existing employee due to their BRP or BRC expiring on that date. This is because the expiry date relates only to the document, and not the holder’s permission or status.
The Home Office is advising employers to take steps to inform their employees about the changes and the move to a fully digital system. This could include directing those who use physical immigration documents to a dedicated section on the .gov site for the latest information: https://www.gov.uk/guidance/online-immigration-status-evisa.
Section D: Additional Home Office Resources
Widespread concerns have been voiced about the deadline for the transition to eVisas potentially creating a cliff edge for many who may not have their digital status in place by the end of 2024. The Home Office has now issued a number of resources to raise awareness and help those affected take necessary action to avoid issues with proving their immigration status. UK employers will also need to ensure their right to work policies and procedures account for the change in systems.
1. Email Template
To assist with the transition, the Home Office has prepared a model email for employers to use, which can be adapted as needed, to inform impacted staff. Additionally, a model intranet article about eVisas has been developed for employers to use. These resources are available in the eVisa Partner Pack and can be tailored to suit communication needs.
2. Virtual Information Sessions
The Home Office is also hosting a series of free virtual information sessions to outline these changes and answer any questions. You can register for these sessions through the following links:
| Event Name | Date | Event Link |
|---|---|---|
| eVisa Information event – Employers | 13 August | Click Here |
| eVisa Information event – Employers | 16 August | Click Here |
| eVisa Information event – Employers | 22 August | Click Here |
| eVisa Information event – Employers | 27 August | Click Here |
If these events reach full capacity, additional sessions will be arranged, and new links will be provided.
3. Further Information
For more detailed information and resources about the transition to eVisas, including materials to help communicate these changes to your workforce, you can access the eVisa Partner Pack at https://homeoffice.brandworkz.com/bms/?link=9DCD0592.
To stay informed about the latest developments regarding eVisas, you can visit the official UK government guidance at https://www.gov.uk/guidance/online-immigration-status-evisa.
Section E: Need Assistance?
DavidsonMorris’s immigration compliance specialists are on hand to provide tailored guidance on any questions you may have about the new eVisa system, either during the roll-out phase or a longer term basis in relation to immigration compliance. Contact us for expert guidance.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
