All you need to know about eVisas, ETA’s and the digitalisation of UK’s immigration system
As we approach the last government’s 31 December deadline for a key plank of this digital transformation – the eVisa – we have noted a massive spike in concerned calls from those affected.
Below is a quick guide to share with HR teams, friends, family and colleagues who may be affected to ensure everyone is up to speed with the digitalisation of immigration status and how it will affect accessing rights such as the right to work, rent, travel, health and welfare.
Last week Immigration Minister Seema Malhotra, told Parliament that the new eVisa will make evidencing immigration status smoother and more secure while acknowledging this major digital transition hasn’t been smooth for everyone. To avoid “another Windrush” she explained, plans for the eVisa roll-out would be somewhat rolled back from the last government’s hard deadline of 31 December.
The eVisa
While British and Irish citizens continue to use physical documents such as passports to evidence their status for employers, landlords, etc, most Europeans will already have a digital footprint for their immigration status via the EU Settlement Scheme that followed Brexit. The government is urging anyone still relying on physical proof to register for the eVisa as soon as possible. The free application won’t change anyone’s visa status, just how they demonstrate it to access rights such as work, travel and rent. Millions have already opened a UKVI account online at www.gov.uk/eVisa then taken the second step which is linking the account to an eVisa on the “UK Immigration: ID Check” app.
This process is free and usually very easy. An email confirming the eVisa is ready should arrive within days, after which I would advise checking it works and that you are able to generate a share code to confirm your UK immigration status by using the ‘View and Prove’ service.
What can go wrong?
Despite all Biometric Residence Permits (BRPs) – the document used by the majority of immigrants to prove their status up to now – expiring at the end of December, many still experience difficulties setting up eVisa accounts. Others report error messages when attempting to access their eVisas online, or incorrect details about them and their status. Many are concerned they may be stranded abroad if they cannot prove their right to return to the UK.
The Immigration Minister last week acknowledged there are many, including children, unaware and unprepared for the transition.
What is government doing about it?
A digital roll-out of this scale will always involve some glitches. Acknowledging this, Seema Malhotra announced in a parliamentary statement last week that BRPs expiring at the end of the year may still be used next year to generate a share code to prove rights to work and rent, provided the person has valid immigration status.
For those who don't have a BRP and need to make what is called a NTL application, the process which involved lots of evidence gathering has been greatly streamlined and a digital UKVI account is now created alongside the application, rather than only allowing digital status after the lengthy NTL process.
To avoid people being stranded on their winter holidays she also announced that airlines and other carriers will be able to accept a BRP or similar EUSS BRC expiring on or after 31 December 2024 as valid evidence of permission to travel until at least 31 March 2025 – a date which will be kept under review. I would advise anyone who already has access to their eVisa to generate a sharecode before they travel, as these can be used for up to 90 days, as well as carrying the BRP expiring on 31 December as an extra document carriers can check.
How will digitalisation affect employee right to work checks?
Though employees’ BRPs expire at the end of this month, the date their actual work visa expires may well be a lot later. Right to work checks done using the UKVI online service should not be affected by the new eVisa as the result will already confirm the true end date rather than the BRP end date. Before April 2022 manual checks of BRPs sufficed. For these checks, in order to retain a statutory excuse (the defence against civil penalties for employing an illegal worker), employers should carry out an updated right to work check using a share code before the end of the year. NB: the civil penalty for illegal working is now up to £60,000 per employee.
What next?
Non-visa nationals from countries such as the USA, Canada and European Union who do not need a visitor visa for short visits will soon need prior permission in the form of the new Electronic Travel Authorisation (ETA) to enter the UK as a visitor, as a Creative Worker without a visa for up to three months or even just for transiting UK airports.
The ETA has been trialled for those visiting from Gulf states and it operates much like the ESTA for the USA or the ETIAS soon needed to travel to Europe. It costs £10 and permits multiple journeys for two years or until the holder’s passport expires – whichever is sooner.
The ETA application process opened last month for non-European nationals who do not require a visa for travel to the UK on or after 8 January 2025. The process extends to EU and other non-visa European nationals on 5 March 2025 for visits on or after 2 April 2025.
You can find more details about the eVisa and ETA here. If you have any concerns about the above changes or any UK right to work or immigration matters you can contact Ross Kennedy on 0207 033 9527 or at [email protected].
Authors
Ross Kennedy
Ross Kennedy, Senior Client Manager, Vanessa Ganguin Immigration Law. Ross has a reputation as a safe pair of hands across the wide range of challenges of personal and business immigration to the UK. He often writes and presents on UK work immigration, including options for the tech sector. Ross regularly advises on applications for licences to sponsor skilled workers, scale-up sponsor licences, mergers, restructuring, as well as immigration routes to set up businesses in the UK such as the such as the UK Expansion Worker visa, Global Talent visa or Innovator Founder route.