julho 25 2024

Top 10 FAQs: the UK Rollout of eVisas

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At A Glance

  • The UK Government intends to phase out all physical UK immigration documents by the end of the 2024.
  • They will be replaced by eVisas, a digital immigration permission linked to the status holder’s passport.
  • eVisa holders will be given access to an online portal through which they will be able to prove their UK immigration status when required to do so; for example, when proving their right to work in the United Kingdom.

With the UK Government looking to phase out all physical immigration documents by the end of the year and transition all immigration status holders onto digital immigration permission (an “eVisa”), many employers are receiving queries from their workforce about the forthcoming change. Our Global Mobility & Migration team answers the 10 most frequently asked questions from affected individuals, to help employers guide them through the new process.

1. What is an eVisa?

An eVisa is an online record of an individual’s UK immigration status—and any conditions which apply to it—which is linked to an individual’s passport. It can be viewed by logging into the View and Prove Service using a UK Visas and Immigration (UKVI) account.

2. What is the change that is taking place by 31 December 2024?

eVisas are replacing physical immigration documents, such as Biometric Residence Permits (“BRPs”). All those who hold physical immigration documents, whose immigration permission is due to expire after 31 December 2024, will be required to register for a UKVI account before the end of the year in order to access their eVisa. This change is not affected by the recent UK election.

3. When are eVisas being implemented?

The UK Government has already issued eVisas to European Economic Area nationals who applied under the EU Settlement Scheme, as well as to some non-visa nationals applying under certain immigration categories. It intends to roll out eVisas to all nationalities and immigration categories by the end of 2024, to coincide with the fact that all BRPs will expire by 31 December 2024.

4. I currently hold a Biometric Residence Permit. How can I apply for an eVisa?

The UK Government has begun e-mailing BRP holders with instructions on how to register for a UKVI account. It intends to continue sending out invitations in phases before making the registration service available to all BRP holders in Summer 2024.

Those who have not yet received an e-mail do not need to do anything at this stage as the UKVI account registration process will soon be opened to all.

5. My UK immigration permission is due to expire before 31 December 2024. Do I need to apply for an eVisa?

No. If your BRP expires before 31 December 2024, this means that, unless you hold indefinite leave to remain (also known as permanent residence or settlement), your UK immigration permission expires on the date your BRP expires.

If you plan to remain in the United Kingdom, you will need to apply to extend your UK immigration permission at the appropriate time. Once this application has been approved, if you are issued a BRP and your immigration permission expires after 31 December 2024, you should then be able to register for a UKVI account.

6. How do I evidence my UK immigration status when I travel internationally with an eVisa?

If you currently hold a physical immigration document, such as a BRP, you will need to continue to carry it with you if you travel internationally on or before 31 December 2024, even if you have registered for a UKVI account and obtained an eVisa.

After 31 December 2024, since your eVisa is linked to your passport, all you should be required to do when traveling to the United Kingdom is present your passport to your carrier before boarding. They will then access a system to verify your UK immigration status, provided the passport you present is linked to your UKVI account.

When you arrive in the United Kingdom, you will be required to present your passport, either at an eGate or to a UK Border Officer. Your status will then be checked against your UK immigration records.

7. Once I have an eVisa, how do I evidence my UK immigration status if I am asked to prove it, such as when an employer undertakes a right to work check or a landlord/agent wants to verify my right to rent in the United Kingdom?

You will need to log into your UKVI account to generate the appropriate share code, which gives time-limited access to your immigration status, and provide it to the relevant authority or organisation, such as an employer or landlord/agent, together with your date of birth.

8. What happens if I obtain a new passport or my contact details change?

Since your eVisa is linked to your passport, when you obtain a new passport, you must log into your UKVI account and update your passport details.

You will also need to update your UKVI account if there is a change to your personal details, such as if you move address or change your telephone number or e-mail address.

9. Can I check if I already have a UKVI account?

Those who have previously applied for immigration permission using the ‘UK Immigration: ID Check mobile App’ will already have a UKVI account. If you are not sure if you already have a UKVI account, you can either View or Prove Your Immigration Status or refer to the e-mail which confirmed the grant of your UK immigration permission.

10. Where can I find more information about eVisas?

The latest information on eVisas is available at the UK Government's eVisa site.

RETURN TO INSIGHTS: EMPLOYMENT | BENEFITS | MOBILITY – Q2 2024

In this edition, we cover a range of critical topics for businesses. We examine the framework governing restrictive covenants in select jurisdictions. We also look at the substantial operational and legal risk often created by team moves, with our Spotlight Q&A highlighting the different legal actions and strategies available to protect businesses.

We review the rapid rise of employment investigations, highlighting some golden rules for employers when navigating these often complex and sensitive processes. We also examine the role of UK employers in relation to the diversity of pension trustees and our Top 10 FAQs provide guidance on the UK rollout of eVisas.
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