New sanctions for failure to comply with biometric regulations in eVisas changes from 27 March 2025

Following a consultation that took place in 2023, some important changes are being made to eVisas via the Immigration (Biometric Information etc.) (Amendment) Regulations 2025 which were made yesterday and come into force on Thursday 27 March 2025 (although not all powers will be used from then). The explanatory memorandum is here and I have set out some of the changes below.

Regulations 14 and 15 remove the requirement for people applying both inside and outside the UK to apply for a biometric immigration document only when granted over six months’ leave. This explanatory memorandum states:

We will continue to issue passport stickers (known as vignettes) to some foreign nationals in 2025. Afterwards, anyone applying for entry clearance or immigration permission must register for a customer account to receive an eVisa. This does not apply to individuals who apply for an Electronic Travel Authorisation (ETA) or holders of legacy immigration documents, such as a visa or passport endorsement and people granted permission under the EU Settlement Scheme.

The regulations also introduce a power to capture biometric information (facial images and fingerprints) at the border from all UK arrivals except British citizens. There is also a new power to refuse or cancel immigration permission if a passenger does not comply. This does not apply to British and Irish citizens.

Regulation 13 introduces eVisas into the interpretation section of the 2008 Regulations. It seems a little strange to me that this does not expressly state that an eVisa is a biometric immigration document, as this is the term that is used throughout the regulations and both “biometric card” and “biometric sticker” are expressly described as being part of a biometric immigration document. The intention is clearly that an eVisa is an biometric immigration document.

Under regulation 21 people will have 18 months from the expiry of their biometric residence permit to set up their eVisa before facing sanctions which could include the cancellation of their leave. Previously people would have three months from cancellation or expiry of the biometric residence permit to get a replacement.

Those who are over 70 years old and who have an expired biometric residence permit are encouraged but not required to create to create an eVisa account, and will not be sanctioned for failure to do so. This is because they are less likely to need to prove their right to work.

Regulation 20 provides that people who are 16 years and older will be required to update their facial photograph at least once every ten years until they reach 70. Children under 16 must update their photo every five years.

Where people do not do this, regulation 22 introduces a new sanction for those who have not complied with requirements under the Immigration (Biometric Registration) Regulations 2008. The Home Secretary will be able to block a person from generating a share code (these are used to prove immigration status for right to work, right to rent, essentially they are a person’s protection from the hostile environment). The explanatory memorandum states:

Under the related Code of Practice, ahead of issuing a sanction, the Secretary of State must issue a notification to the person, in a format that reflects the person’s circumstances. Where a person fails to update their facial image, the Secretary of State will need to be satisfied the person had a reasonable opportunity to comply with this requirement of the 2008 Regulations, before preventing them from being able to create a share code.

The amount of time that biometric data can be retained is being extended beyond the standard period of 15 years for those have absconded from immigration bail and who remain out of contact with the Home Office. The regulations also give a power to the Home Secretary to refuse a statelessness application where the person has failed to enrol their biometrics without a reasonable excuse.

Given how long ago the consultation on this took place, it is a little unclear to me why these regulations need to be rushed out with only a couple of days’ notice.