There is a lot that remains unclear about the Home Office’s introduction of eVisas, below we shed light on what we know so far about the roll out and use of eVisas. In line with its ‘digital by design’ strategy, the Home Office has been gradually introducing a number of measures with the ultimate aim of an end-to-end digitalised immigration system. As part of this strategy, from 2025 eVisas are set to replace biometric residence permits (BRPs) and other physical documents that evidence immigration status, for example a stamp or vignette in a passport.

Some people will already be familiar with eVisas, for example, those with status under Appendix EU or those who have applied for immigration permission via the ID Check App. With BRPs expiring on 31 December 2024, as many as four million people may need to take action or otherwise risk adverse consequences.

Concerningly, communication on setting up an eVisa has not yet been sent to everyone affected (nor may it be feasible to do so). We also do not have a timeframe as to when the eVisa scheme will be fully operational, and there are likely to be many people who will not have obtained an eVisa before their BRP expires.

The prospect of another ‘Windrush’ situation could soon become real unless a transition period or backup option is put in place to allow those without an eVisa – but with valid immigration permission – to evidence their status through alternative means.

It is also worth remembering that getting people onto eVisas is just the first part of the problem, the next will be whether or not they are actually reliable. Free Movement has previously covered issues with the use of digital status, including a variety of glitches that have been encountered by those granted leave under the EU Settlement Scheme.

What is an eVisa?

An eVisa is a digital record of a person’s immigration status. It is generally available to those who most recently applied for immigration permission using the ID Check App (or EU Exit App for Appendix EU), during which a UKVI account is created. Once permission is obtained, the UKVI account can be accessed to view immigration status and share this with others.

How to obtain an eVisa

Where a person does not currently have a BRP but instead has a physical document as evidence of their indefinite leave, the Home Office is requiring them to first make a “no time limit” application to obtain a BRP. Only once they have received can they proceed to the eVisa process.

There are 5 main steps involved in the eVisa process:

1. Create a UKVI account – this step involves providing personal details on the online portal and a current or expired BRP number. Where a BRP cannot be provided, creating an account may also be possible by inserting the immigration application number. For those who do not hold a BRP, the portal redirects the user to first apply for a BRP, an option which will likely soon be defunct. It is not yet clear what the alternative will be, but it is possible that the user will complete an application process similar to a BRP replacement, with an eVisa being the end result.
2. Link eVisa to the account – once the account has been created, if all goes well, an option should appear to link the eVisa. This sometimes takes hours to several days to appear.
3. Complete identity check – the individual will need to download the UK Immigration ID Check app using a Near Field Communication device and connect the UKVI account to the App. A digital photo and scan of the BRP will be uploaded at this point. Common issues at this stage include photograph recognition (particularly for children) or locating the BRP chip.
4. View eVisa – once the ID check is undertaken and final questions on the UKVI account are completed, a notification should be sent to the individual to confirm the eVisa is ready to view. It is important to check that the details on the eVisa are accurate, as there have been instances reported of incorrect personal details, immigration status and conditions appearing on the eVisa profile.
5. Add travel document to UKVI account. This is a crucial final step so that immigration status remains accessible once the BRP expires. This will effectively link the passport or ID card to the eVisa, enabling status to be accessed when presenting this document for travel in future.   

It is worth keeping a copy of the identity document used for logging into the account safely, as well as any immigration application reference numbers, in the event the identity document is lost, stolen or returned to the authorities in future and access to the account is needed.

Who is impacted by the eVisa scheme?

While a full roll-out of the eVisa scheme was expected in June 2024, this has not yet happened. The Home Office guidance requests that individuals wait for email confirmation as to when the eVisa can be set up. However, for some, it may be possible to create an eVisa before receiving the email. It would, of course, be helpful if the Home Office could confirm which specific categories can do this.

There are three key groups of individuals likely to be affected.

Those with physical-only immigration status

This priority group faces the highest risk of adverse consequences if action is not taken by the end of 2024, as we do not yet know whether expired BRPs or other physical documents will be acceptable as evidence of status from 2025.

Further, the process for obtaining an eVisa is longer for this group as they first need to make a “no time limit” application. This is compounded by the fact that where people have held indefinite leave for lengthy periods, the Home Office is unlikely to be able to reach them by email as it won’t have those details.

Those holding a BRP and an eVisa

These individuals (mostly visa nationals who recently used the App for an immigration application) will still be using their BRPs for travel. They will need to ensure their UKVI account is linked to their current travel document by the end of 2024.

Those with an eVisa only

These individuals (mostly non-visa nationals who recently used the App) will need to ensure their UKVI account remains up to date and, in particular, be alert to what information needs updating and the consequences of failing to update the account. Home Office guidance is expected to be updated on what information needs reporting.

More clarification needed

For those who hold eVisas, of course there have been positive reports of a seamless ‘at-home’ immigration application process and travelling with ease. However, it is difficult to ignore that digitalisation of the immigration system presents huge challenges for many, particularly with a BRP deadline approaching. There have undoubtedly been teething issues in eVisa communications, account set up and eVisa profiles for starters.

For those who do not have an eVisa in place by the end of the year, will we see difficulties when travelling and re-entering the UK or proving their right to rent, work or access healthcare? For those who manage to get through the eVisa process relatively unscathed, what will happen when urgent eVisa access is needed but the account is inaccessible, displays incorrect information or cannot be updated? Will there be a transition period or an alternative way to prove status? Perhaps the questions posed indicate a degree of doubt about the future; however, given the sheer number of individuals who will be impacted by eVisa roll out, clarity is needed, and time is ticking.