UK eVisa System Delayed

evisa roll out delayed

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The UK government has postponed the full transition to eVisas due to concerns about potential disruption for people travelling and proving their immigration status.

 

eVisa Transition Deadline Postponed

 

In a written statement published on 4 December 2024, Seema Malhotra, the Parliamentary Under-Secretary of State for Migration and Citizenship, announced that expired biometric residence permits (BRPs) and EU Settlement Scheme (EUSS) biometric residence cards will now remain valid for travel until at least 31 March 2025, an extension on the original 31 December 2024 deadline, provided the individual holds valid status.

While this latest announcement means holders of legacy documents and expired BRPs can continue to use their physical documents temporarily, the government is encouraging all visa holders to transition to eVisas as soon as possible.

 

Adoption of New UK eVisa System

 

The eVisa system, intended to replace physical immigration documents entirely from 1 January 2025, has faced significant criticism for its implementation challenges. Technical difficulties and the timing of the rollout compounded the risks of disruption during the winter peak travel period. The Home Office has now adjusted its plans to accommodate affected individuals, including setting up a 24-hour helpline for airlines and enhancing communication with carriers about document acceptance protocols.

Over 3.1 million individuals have successfully transitioned to eVisas. However, some users, particularly those without valid identification or who may be struggling with the technical process, have faced barriers. To address these issues, the Government has streamlined the application process, including automating UKVI account creation for certain groups, such as newly-recognised refugees.

Specialist support services are also being provided for digitally-excluded and vulnerable individuals to facilitate their transition to eVisas, including community-based organisations offering assistance, establishing a Resolution Centre and free digital help for customers struggling with IT-related aspects of the eVisa system.

 

Impact on Employers & Right to Work Checks

 

As a result of the deadline extension, employers are encouraged to use the online Right to Work service, which allows real-time verification of a prospective employee’s immigration status. Workers with eVisas can share their immigration details through a share code, which employers can use to access their status online.

Individuals holding older ‘legacy’ paper-based documents, such as passports with ink stamps or visa vignette stickers, can continue to use these for Right to Work checks where the rules currently already permit them to do so and where they continue to hold valid status. However, these individuals are being encouraged to transition to eVisas to ensure ongoing proof of status when the new digital system eventually takes full effect.

While physical documents remain temporarily valid, employers should prepare for the full transition to digital verification by familiarising themselves with the online system. This includes ensuring staff are trained in using online Right to Work checks and that they understand the role of eVisa verification as physical documents are phased out completely.

Employers may encounter employees or job candidates who face difficulties transitioning to eVisas. Employers are advised to guide such individuals to the Resolution Centre or other support services available through the Home Office. For workers who are digitally excluded, additional resources, such as community organisations, can provide assistance in setting up their UKVI accounts.

 

Need Assistance?

 

As expected, the move to a fully-digital UK immigration system has presented numerous, significant challenges, not least given the ambitious timeframe that the Home Office had been working to. Extending the transition period into 2025 will therefore be a welcome move, but there remains a lot to be done on the Home Office’s part to to ensure that all individuals, including the most vulnerable, can transition to eVisas and avoid a Windrush-style scandal.

Employers must also ensure they remain up to date on the status of the eVisa system on Right to Work checks.

If you are concerned about the impact of the eVisa roll out for you, your organisation or your family, contact us.

 

The full government statement can be read here.

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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