UK Immigration Update: the UK’s New eVisa
The UK’s immigration landscape is undergoing a significant shift as we approach the end of the year. Gone are the days of relying solely on physical documents like passport stamps and Biometric Residence Permits (BRPs) to prove immigration status. Welcome to the era of the eVisa – a digital record designed to streamline the process of establishing your right to live, work, and access services in the UK.
For many, especially those outside the UK, the concept of a digital visa might seem like a futuristic novelty. However, this transition is rapidly becoming a reality, with a critical deadline looming on December 31st. This article is designed to equip employers, HR teams, and employees with the knowledge they need to navigate this change smoothly. We’ll delve into what the eVisa is, who it affects, how to obtain one, potential challenges, and most importantly, how these changes impact right-to-work checks and employer obligations.
Table of Contents
What is the eVisa?
Simply put, the eVisa is a digital record of an individual’s immigration status within the UK. Think of it as a digital footprint that confirms your permission to be in the country, rather than a physical stamp or card. This digital record will replace physical documents like BRPs for most non-British and Irish citizens.
It’s vital to understand that the eVisa does not change your immigration status itself. If you have been granted permission to work, live, or study in the UK, that permission remains. The eVisa is simply a new way of proving that status. It’s a shift from physical proof to digital confirmation, a move aimed at boosting security and streamlining the verification process.
This shift to a digital system is part of a broader move towards modernizing immigration processes. It’s intended to be more convenient, reducing the need for physical paperwork and making it easier for individuals and organisations to confirm immigration status.
Who Needs an eVisa?
The key question for many is, “Do I need an eVisa?” Here’s a breakdown:
- British and Irish Citizens: You can relax! You’ll continue to use your passports and other existing forms of identification. The eVisa doesn’t affect you.
- EU Settlement Scheme Holders: If you’ve already obtained settled or pre-settled status through the EU Settlement Scheme, you most likely already have a digital record of your immigration status.
- Individuals with Physical Documents: This group is the primary focus of the transition. If you currently prove your immigration status using a BRP, visa stamp in your passport, or any other physical document, then you need to apply for an eVisa. This is a crucial step before the end of the year.
How to Obtain an eVisa: A Step-by-Step Guide
The process of obtaining your eVisa is quite straightforward, but requires attention to detail. Here’s a guide:
- Create a UK Visas and Immigration (UKVI) Account:
- Visit the official gov.uk/eVisa website.
- Follow the instructions to create a new account with UKVI. This is your gateway to managing your digital immigration record.
- Prepare Necessary Information:
- You’ll need your BRP number, and if you don’t have a BRP the Unique Application Number (UAN) from your last visa application
- Have a valid passport or other form of accepted identification at hand
- Use the “UK Immigration: ID Check” App:
- Download the app to your smartphone or tablet
- Follow the prompts to verify your identity using your ID document
- Link your UKVI account to your eVisa application
- Confirmation and Generation of Share Code:
- Once linked, you should receive an email confirming that your eVisa is now active.
- It is highly recommended that you generate a “share code” using the “View and Prove” service. This share code allows you to provide proof of your immigration status to employers, landlords, and other relevant parties. The share code is typically valid for a set time period, usually up to 90 days.
- Store a copy of the email confirmation safely
Potential Challenges: UK Immigration Update
As with any large-scale technology rollout, there have been reports of some teething problems. It’s essential to be aware of these potential issues:
- Technical Glitches: Some users have reported difficulties in setting up accounts or accessing their eVisas online. This can be frustrating and time-consuming, so it’s best to start the application process well in advance of any deadlines.
- Incorrect Personal Details: Ensure that all your personal information is accurate. Incorrect information can lead to issues accessing your eVisa and even problems when trying to re-enter the UK after travel. Check and double-check all the details you enter.
- Awareness and Preparation: Many people are still unaware of the upcoming changes and have not yet applied for their eVisa. This is why the government has urged parents to ensure their children have eVisas too. Procrastination could lead to problems later on.
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Government Response and Grace Period
The government has acknowledged these potential hiccups and has put in place measures to help people manage the transition. The Immigration Minister, Seema Malhotra, has issued warnings to ensure everyone is aware and prepared. Here’s a summary of the provisions to help:
- Extended BRP Validity: BRPs expiring at the end of 2024 can still be used to generate a share code to prove right to work and rent, provided the holder has valid immigration status. This provides a temporary measure to ensure individuals don’t face immediate problems.
- Streamlined No Time Limit (NTL) Applications: The NTL process, historically requiring extensive evidence, has been simplified. Applicants will now get a UKVI account as part of their application, eliminating the lengthy NTL process and delays.
- Travel Provisions: Airlines and other carriers will be able to accept BRPs or similar EU Settlement Scheme Biometric Residence Cards that expire on or after December 31st, 2024, as valid proof of the right to travel until at least March 31st, 2025. This provides flexibility for those travelling in early 2025, although it is still advisable to carry expired BRPs to supplement other evidence. The guidance may change, so please ensure you keep up to date with any changes
Impact on Employer Obligations and Right-to-Work Checks
For employers, understanding the implications of the eVisa transition on right-to-work checks is crucial. Here’s what you need to know:
- Work Visas Remain Valid: Even though a physical BRP might expire at the end of December, an employee’s work visa can be valid for much longer. The shift to the eVisa does not change work visas.
- Online Checks Are Generally Unaffected: Many right-to-work checks are already carried out using the online UKVI system. These should not be affected by the transition to eVisas.
- Manual Checks and the Need for Updates: If you did a right to work check manually based on a physical BRP before April 2022, it’s essential to conduct an updated check using the share code system. It’s imperative to do this before the end of the year to maintain your statutory excuse against civil penalties.
- Civil Penalties for Illegal Working: The civil penalty for employing an illegal worker has increased significantly, up to £60,000 per employee. This underscores the need to ensure all right-to-work checks are up to date. Employers are ultimately responsible for ensuring their employees have the legal right to work in the UK. If they don’t, there are considerable penalties.
- Ongoing obligation: Employers must undertake follow-up checks as required
Action Points for Employers
As an employer, it’s your responsibility to ensure your workforce is legally compliant. Here’s a checklist of actions you should consider taking:
- Raise Awareness: Educate your HR team and employees about the eVisa changes, especially those who are non-British or Irish citizens, or who hold work visas.
- Encourage Early Application: Encourage employees to apply for their eVisa promptly to avoid last-minute issues.
- Update Existing Right-to-Work Checks: Review your records. If you have employees who had manual right to work checks based on BRPs before April 2022, ensure you update this check to ensure your statutory defence by using the share code method.
- Keep a Detailed Record of Right to Work Checks: The UK Home Office conducts spot checks to ensure that employers are following correct procedure, so it is important to keep records of all right to work checks.
- Share Code Management: Encourage employees to generate share codes in advance of important events such as commencing employment or travel, and in advance of their BRP expiration date, which is typically 31 December 2024.
- Provide Support: Offer guidance to employees who may face challenges with the eVisa process, signposting them to UKVI advice or specialist immigration support if required.
- Stay Updated: Changes in immigration policy can happen quickly so ensure you are keeping abreast of current policy and legislation by regularly checking UK Government websites or other trusted sources.
Conclusion
The transition to the UK’s new eVisa system marks a significant step towards digital immigration management. While there are potential challenges to navigate, with clear communication, proactive action, and a detailed understanding of the new rules, both employers and employees can navigate this transition smoothly. By staying informed, addressing issues promptly, and adhering to the new requirements, you can help make sure your workplace remains fully compliant with UK immigration law. The goal is a smoother, more secure process for everyone, and it’s crucial that employers play their part in this digital transformation.
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