Is assisting with eVisas a regulated activity?

It is really important that people are aware of the need to be regulated if they are providing immigration advice and services, in order to avoid committing a criminal offence. Big changes at the Home Office’s end often cause confusion among advisers where updated guidance is not publicly available, the latest such example being the roll out of eVisas.

In OISC’s April 2024 adviser newsletter, the following information was provided in relation to whether work on eVisas is a regulated activity:

Introduction of eVisas by UKVI

The Home Office is in the process of rolling out eVisas as a replacement to physical documents with an online record of an individual’s immigration status.

The documents being replaced are:

• biometric residence permits (BRP)
• biometric residence cards (BRC)
• passport endorsements, such as indefinite leave to enter wet ink stamps
• vignette stickers in passports, such as entry clearance or visa vignettes

Some individuals may require assistance to switch to eVisas and therefore clarity is needed as to whether those who provide this assistance will require regulation or not.

The OISC understands that the replacement of physical documents with an online record will not affect the individual’s immigration status or the conditions of their permission to stay in or enter the UK. 

Therefore, the assistance that is likely to be provided to those who may need it will be technical/digital assistance. This type of assistance does not fall for regulation as set out in the OISC Practice Note.

However, individuals or organisations providing this support must ensure that they do not stray into providing immigration advice and/or services as defined by the Immigration and Asylum Act 1999 unless they are regulated.

This information was only provided to those who are already accredited, however it is also of importance to those who are not registered OISC advisers. The important point to note is that as long as people are assisting with the technological aspects of the switchover only, no regulatory issues should arise.