Transition to eVisas 2024: Key updates and action points for employers

Author: Ferzana Ahmed, Fragomen

As part of the Government's digitisation of the UK immigration system, physical documents, including biometric residence permits (BRPs), which are currently used to prove immigration status, are being phased out and replaced with eVisas by the end of 2024. Employers will need to take steps to update their impacted workplace population, and implement processes to complete follow-up right to work checks where required. 

In brief:

• Anyone who is given UK immigration status beyond 31 December 2024 will be issued with an eVisa by the end of 2024 once they have registered for a UKVI (UK Visas & Immigration) account.
• In preparation for the transition to eVisas, UKVI have issued individuals with "short-dated" BRPs that expire on 31 December 2024, even where the individual's immigration status is valid beyond this date.
• If an individual currently holds a valid BRP, which expires on 31 December 2024, they will need to create an online account before the end of 2024 to access their eVisa to travel internationally and prove their right to work, if relevant.
• Employers will need to review the immigration permissions of their workforce and develop a communications strategy to ensure that impacted staff have taken appropriate steps to apply for an eVisa.

What is an eVisa?

An eVisa is an electronic record of a visa holder's immigration status which is linked to the individual's travel document. It evidences the holder's immigration status, including the conditions of their immigration permission such as any limitations on their right to work. An eVisa is not a change to an individual's immigration status or conditions, and they do not need to reapply for current immigration permission if they have remaining permission, ie ongoing visa status.

The eVisa removes the need for physical documents, ie a biometric residence permit (BRP), ink stamps or vignette visa stickers in passports, or the biometric residence card (BRC).

Individuals can view their eVisa by logging into the view and prove service using their UKVI account and sharing relevant information about their status with third parties, including employers.

Who is impacted by the transition to eVisas?

How can employees register and obtain an eVisa?

The UKVI account registration functionality is open and available to all short-dated BRP holders. Individuals should register for a UKVI account to access their eVisa before their BRP expires on 31 December 2024. The process to obtain an eVisa is straightforward and can be completed in around 10 minutes. There is no cost to register for a UKVI account. Personal details on the UKVI account must be kept up to date including passport details.

What happens if an individual does not register before 31 December 2024?

If individuals do not create an account before 31 December 2024, they will still be able to use the expired BRP to register for the UKVI account and obtain an eVisa. They will not, however, be able to use the expired BRP to travel internationally until they have obtained their eVisa. They may also face some delay in using online right to work services until they have obtained an eVisa.

How do individuals prove their immigration status to employers using an eVisa?

Once an individual has their eVisa they can provide a share code to their employer so that the employer can verify their immigration status digitally and confirm their right to work check.

What are the benefits of eVisas for employers?

There are significant benefits of eVisas compared to physical documents such as BRPs. For instance, eVisa holders can provide confirmation of their right to work as soon as their visa has been granted and they do not therefore need to wait for physical documents. As eVisa status cannot be lost, damaged or stolen, it also removes the requirement for individuals to retain physical documentation.

What is the impact of eVisas on carrying out right to work checks?

The requirement to carry out a right to work check is not changing as part of the eVisa transition and will remain the same post-31 December 2024.

However, employers will need to carry out an additional right to work check before the end of 2024 on employees where:

• the employee holds temporary visa status which is granted beyond 31 December 2024;
• a manual right to work check was carried out prior to 6 April 2022; and
• the validity period of the physical document was checked but the visa expiry permission was not recorded.

Employers can start to complete these checks now. However, individuals will still need to create a UKVI account and access their eVisa if not available at the point of the right to work check.

What action do employers need to take before 31 December 2024?

It is imperative that employers raise awareness among their staff of the transition to eVisas to avoid scenarios where individuals may have their travel, or ability to prove their immigration status, impacted from January 2025. 

To ensure employees have taken the relevant steps before 31 December 2024, employers should:

• Identify: Check your right to work records to identify which staff have physical documents expiring on 31 December 2024.
• Communicate: Reach out to employees holding physical documents to remind them to register for a UKVI account by 31 December 2024.
• Assess: Review the impacted population to see whether further support needs to be provided and offer townhalls, consultations or guidance.
• Right to work check: Complete online right to work checks for employees where required.
• Review and track: To ensure your organisation has completed the relevant right to work checks, and that employees do not face any issues when travelling, employers may wish to track which impacted employees have obtained their eVisas.

For further information read the Government guidance.