November 1, 2024
From 1st January 2025, all UK visa holders will be required to set up an eVisa to prove their immigration status, including right to work, right to rent and to facilitate entry/re-entry to the United Kingdom.
For some time now, many BRP’s have been issued with an expiry date of 31st December 2024, even if the individual’s leave to remain was valid beyond this date.
It was announced that from 2025 onwards, UKVI would be moving forward with a scheme to fully digitise the process of proving immigration status. This system has already been in place for several years in certain categories, most notably the EU Settlement Scheme, but it is now being expanded to cover all other areas of UK Visas and Immigration.
There are a few steps involved in setting up an eVisa. Firstly, a UKVI account must be created. This will need to be linked with an identity document (such as a valid BRP or a valid passport) and contact details of the individual, and these details will be used each time to log in to the account. The UKVI account will need to be kept up to date with any changes to contact details or identity documents.
Once a UKVI account has been set up, the eVisa needs to be linked to the account. The most important part of this process is confirmation of the account holder’s identity, which is done through the UK Immigration: ID Check mobile app. This process requires access to a smart phone (and there are specific requirements for minimum model and operating system compliance). Once the identity check has been completed, there are a few final questions to answer to complete the checklist in the UKVI account, before submitting the request.
When the eVisa is ready, it can be used to generate share codes to provide different organizations to confirm the account holder’s immigration status.
The process is not without its challenges. The ID check app can be difficult to use, and some users report long wait times before receiving email confirmation that their UKVI account has been set up, or that the eVisa is ready to use. Question marks also remain about the workability of the system once it is fully operational in 2025, particularly concerning international travel.
There are also a lot of nuanced circumstances that don’t seem to have a practical solution yet. Anybody with a legacy paper document (for example, a letter or a passport stamp confirming Indefinite Leave to Remain) will first need to submit a No Time Limit application. This application has historically been used to obtain a BRP to confirm your ILR, but as of 31st October 2024, the Home Office have updated their guidance to confirm that No Time Limit applicants will no longer be issued with a physical BRP, and will instead be able to access an eVisa. However, there is currently a very long wait for most No Time Limit applications to be processed, which will present a challenge for a lot of people, particularly those with travel plans.
There are also no firm answers from the Home Office on when individuals will be able to link more than one passport to their eVisa, or the status of Refugee Convention Travel Document holders, who currently cannot link their UKVI-issued Travel Document to an eVisa.
There also doesn’t seem to be any guidance for individuals who don’t have a physical BRP and a valid passport.
As the eVisa scheme goes fully operational, there will undoubtedly be difficulties faced, as well as ongoing updates and developments from the Home Office.
For support and guidance on eVisa’s, including setting up an eVisa, submitting a No Time Limit application or help troubleshooting problems with an eVisa application, please contact us at Wilson Solicitors LLP by calling our main switchboard on 0208 808 7535, or by completing our online contact form here.
If you have a family law case you need assistance with, please contact Mavis on 020 8885 7986 to arrange for an appointment with a solicitor in the family team.