This article explores the transition from BRPs to eVisas, offering a detailed timeline, discussing its impact on stakeholders, and outlining practical steps to ensure a smooth adaptation. The move from BRPs to eVisas signals a new era for UK immigration, but without proper preparation, it could lead to avoidable disruptions.
By understanding the transition from BRPs to eVisas, employers and migrants alike can stay informed and proactive, avoiding pitfalls while embracing the digital future of immigration.
What is the eVisa System?
An eVisa serves as a digital record of immigration status, accessible through a UK Visas & Immigration (UKVI) online account. This system replaces physical documents such as BRPs, legacy paper visas, and residence cards, offering a streamlined digital alternative for proving one’s immigration status.
While most BRPs and BRCs are set to expire by 31 December 2024, this date applies solely to the document itself and not the holder’s underlying immigration permission. As of autumn 2024, nearly all new visa applicants will receive an eVisa instead of a physical document, further embedding this digital-first approach into the UK’s immigration framework.
Extension Granted for Travel Documents
Acknowledging concerns about the readiness of individuals and businesses, the Home Office recently announced an extension: expired BRPs and EU Settlement Scheme (EUSS) BRCs will remain valid for travel until at least 31 March 2025, provided the individual holds valid immigration status. This extension, announced by Seema Malhotra, Parliamentary Under-Secretary of State for Migration and Citizenship, provides some breathing room as stakeholders prepare for the full implementation of eVisas.
Who is Affected?
The shift to eVisas will impact:
- Migrants living and working in the UK who currently rely on physical documents to prove their immigration status.
- Employers, who must adjust their right-to-work policies and procedures to incorporate eVisa checks.
While British and Irish citizens are exempt, as they can continue using passports to prove their rights, all other groups relying on BRPs or similar documents must transition to digital records.
Implications for Employers
Right-to-Work Checks
Employers will increasingly rely on the online right-to-work service. Through this system, employees generate a share code from their UKVI account, which employers can verify online.
While eVisas are set to dominate, some physical documents will still remain valid for right-to-work checks. Employers are advised not to recheck an employee’s status solely because their BRP or BRC expires on 31 December 2024, provided the initial check was conducted in line with existing guidance.
Communication and Training
Employers must ensure their HR teams are equipped to handle eVisa checks and that employees relying on physical documents are informed of the changes. The Home Office has provided templates and resources, such as an eVisa Partner Pack, to assist businesses in navigating these updates.
Potential Pitfalls and the Windrush Parallel
The looming transition deadline raises significant concerns. Critics have compared this rollout to the Windrush scandal, where individuals were left unable to prove their legal status due to administrative oversights.
A “cliff edge” scenario looms for those who fail to establish their digital status by the end of 2024. Vulnerable individuals, such as older migrants or those with limited digital literacy, are particularly at risk of being left behind.
Practical Steps for Employees and Employers
For Employees
- Create a UKVI Account: Visit the UKVI portal to set up an account and access your eVisa.
- Stay Informed: Regularly check the Home Office’s guidance and resources for updates.
For Employers
- Educate Your Workforce: Use Home Office-provided resources to inform employees about the transition.
- Update Policies: Ensure your right-to-work processes align with the new digital requirements.
- Leverage Free Resources: Register for virtual information sessions hosted by the Home Office to stay ahead of the curve.
Home Office Resources and Support
The Home Office has rolled out an array of tools to ease the transition, including:
- Email Templates and Intranet Articles: Adaptable for internal communication.
- Virtual Information Sessions: Tailored for employers to understand the eVisa system and ask questions.
- eVisa Partner Pack: A comprehensive resource to support businesses during the rollout.
Employers and employees can access these resources via the official government site at gov.uk.
Final Takes: A Digital Future for UK Immigration
While the move to eVisas represents a significant step forward in modernizing the UK’s immigration system, the transition requires careful planning and widespread awareness. For employers, this means updating practices and supporting employees through the change. For migrants, it involves embracing the digital system to ensure continued access to rights and services.
As the deadline approaches, the onus is on all parties to act promptly to avoid pitfalls and ensure a smooth transition to a fully digital immigration system.
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.