Navigating the Transition to eVisas: What Employers and Employees Need to Know

The UK Home Office recently announced a significant shift in immigration processes, as Biometric Residence Permits (BRPs) will no longer be issued or replaced starting 31st October 2024. Instead, new UK visa applicants will be issued eVisas, marking a significant step toward the UK’s fully digital immigration status system.

What is an eVisa?

Introduced in 2008, BRPs were physical documents used to prove a person’s immigration status and Right to Work in the UK. Historically, individuals received a vignette visa stamp in their passport and later collected a BRP upon arrival in the UK.

Over time, the system has evolved. Today, an eVisa serves as a digital record of a person’s immigration status, allowing them to view and share their status electronically. This has been made possible through the Home Office’s UK Immigration: ID Check app, which enables visa applicants to submit biometric information remotely.

Key dates in this transition include:

• 31st December 2024: All BRPs will expire, regardless of the individual’s visa duration.
• January 2025: Full adoption of eVisas for all migrants.

To facilitate the switch, the Home Office has been encouraging individuals to create a UK Visas and Immigration (UKVI) account. This account serves as the gateway for accessing eVisas and proving Right to Work status digitally.

Implications for Employees

For non-UK/Irish nationals, the transition to eVisas requires proactive engagement. Here’s what employees need to know:

1. For employees with an eVisa and UKVI account
   • No immediate action is needed, but it’s vital to keep contact and passport details updated in their UKVI account.
2. For employees with a BRP expiring by 31st December 2024
   • They should create a UKVI account and access their eVisa before their BRP’s expiry date.
3. For employees without a UKVI account
   • The Home Office will contact them via the email provided in their visa application with instructions. If no email is received, they can create an account directly on the government website.
4. Travel considerations
   • Employees should retain their BRPs for record-keeping and carry them during overseas travel until 1st January 2025 to avoid border delays.

Implications for Employers

Employers must adapt their processes to accommodate the eVisa system while ensuring compliance with Right to Work regulations. Here are the key considerations:

1. For new employees
   • Continue asking candidates with eVisas to generate a share code via the GOV.UK website to confirm their Right to Work status. Physical documents remain valid for some cases, as outlined in Home Office guidance.
2. For existing employees
   • No need to recheck immigration status solely because a BRP expires on 31st December 2024.
   • Follow-up checks are only required if the initial check recorded an expiry date for the employee’s visa. Rechecks can be conducted using the eVisa.
3. Maintaining compliance
   • Ensure that Right to Work checks are carried out in accordance with the rules applicable at the time of hiring. This safeguards employers from civil penalties.

What Steps Should You Take Next?

To ensure a smooth transition, employers should:

• Share information about eVisas with employees, encouraging those affected to create a UKVI account and update their details promptly.
• Familiarize themselves with the Home Office’s updated guidance for Right to Work checks.
• Reassure employees that the expiry of their BRP does not necessarily impact their immigration status.

The Home Office has also published a fact sheet to help employers understand these changes in detail.

Conclusion

The move to eVisas signals a significant modernization of the UK’s immigration system, enhancing convenience and security for all parties involved. However, the transition requires vigilance and communication from both employers and employees to ensure compliance and continuity.

As these changes unfold, staying informed and proactive will be essential for navigating this digital shift.