As the UK’s immigration landscape continues to evolve, one of the most significant changes in recent years is the phasing out of Biometric Residence Permits (BRPs). All BRPs are set to expire no later than 31 December 2024, regardless of whether the holder’s leave to remain extends beyond that date. In their place, the UK is moving to an entirely digital system: the eVisa. While this shift promises to modernise immigration status verification, it also brings a host of challenges and concerns for individuals, employers, and landlords alike.
The Shift to eVisas: What It Means for You
The UK government’s decision to replace physical BRPs with eVisas is part of its broader push towards digitising immigration processes. To obtain an eVisa, individuals will need to register and set up an online account. This allows them to view and share their immigration status digitally with third parties, such as employers and landlords.
However, it’s important to understand that even though BRPs will expire on 31 December 2024, this does not affect a person’s actual leave to remain. Many individuals will still hold valid immigration status beyond this date, potentially for several years. The key issue arises when the physical BRP expires but the individual’s leave remains valid — a situation that is already causing confusion and practical problems.
BRP Expiry: A Growing Concern
Employers and landlords, understandably cautious about the legal implications of employing or renting to someone without lawful status, may err on the side of caution when faced with an expired BRP. This could leave individuals who hold valid leave but expired BRPs vulnerable to being wrongly denied employment or housing.
To avoid any potential immigration issues, it is crucial that individuals apply for their eVisa before their BRP expires. This proactive step will help ensure their immigration status is clearly and easily verifiable by employers and landlords, reducing the risk of being caught in a legal grey area.
Proving Immigration Status After 31 December 2024
For many, the move to eVisas may appear relatively straightforward, but the transition poses a particular challenge for individuals who hold indefinite leave to remain (ILR) on older documents that predate BRPs. In a recent statement, the Home Office advised that those in this situation should consider applying for a No Time Limit (NTL) status to secure an eVisa. While these older forms of immigration status — such as ink stamps in passports — remain technically valid, the Home Office has made it clear that eVisas offer a more streamlined and reliable means of proving one’s status.
Importantly, the Home Office’s guidance to employers still permits certain older documents, such as Immigration Status Documents with permanent National Insurance numbers, to be used to prove a person’s indefinite leave. However, the recommendation to transition to an eVisa remains strong, given the advantages it offers in terms of convenience and security for both individuals and those performing status checks.
The Ramifications of Expired BRPs
The situation for BRP holders post-December 2024 raises further questions. Despite the expiration of their physical BRP, individuals will still be able to use the Home Office’s online right-to-work and right-to-rent services, provided they hold valid immigration status. However, this process is more cumbersome compared to the seamless verification offered by an eVisa. Moreover, many employers and landlords may be reluctant to navigate this additional administrative burden, which could disadvantage those without an eVisa.
Perhaps the most concerning issue is international travel. The Home Office has made it clear that those with expired BRPs will not be able to travel internationally without an eVisa. While those with an eVisa can continue to travel using their updated UKVI online account, those with older pre-BRP documents face greater uncertainty. No official guidance has been provided on how these individuals can travel without an eVisa, making it imperative that they register for one as soon as possible.
A Confusing and Complex Transition
To describe the roll-out of eVisas as straightforward would be an understatement. The transition has already caused confusion among individuals, landlords, and employers alike, as they struggle to navigate the new system. The lessons from the EU Settlement Scheme — where thousands of EU nationals encountered difficulties proving their immigration status — serve as a cautionary tale for the rollout of eVisas.
Despite the Home Office’s assurances that the expiration of BRPs will not impact a person’s underlying immigration status, the reality is that many people may still face challenges in proving their lawful status after December 2024. For those who only need to prove their immigration status infrequently, the issue may seem less pressing, but for others, particularly those in employment or renting, the stakes are high.
What Should BRP Holders Do Next?
The most important step for BRP holders is to apply for their eVisa well before the 31 December 2024 deadline. Not only will this help prevent issues with employment, housing, and travel, but it will also provide peace of mind knowing that their immigration status is secure and easily accessible.
Additionally, it’s worth noting that the Home Office recommends retaining BRPs even after an eVisa has been issued. While the BRP itself will no longer be valid after its expiry, individuals may need it for future immigration applications, and it should continue to be used for international travel until its expiration.
The Future of UK Immigration
While the eVisa transition may seem daunting, proper preparation will help mitigate the potential risks. Those affected should act now, ensuring their eVisa registration is completed in time to avoid unnecessary complications in the future. As we’ve seen in other immigration reforms, such as the EU Settlement Scheme, being proactive is essential — don’t wait until the last minute.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.