Immigration update – December 

eVisa roll out update 

The Home Office continues its drive to digitalise the UK immigration system. It is moving away from physical documents and is instead providing an online account to every person in the UK who requires an immigration permission. 

Most migrants will be aware that their Biometric Residence Permits (BRPs) expire on 31 December 2024. This is, in most instances, only the expiry date of the physical BRP, not the expiry date of the actual immigration permission. Most visas will have been issued for longer and the actual expiry date will be stated in the approval email or letter attached to an email sent by the Home Office to the applicant at the time of approval. 

Everyone who has a UK visa and does not already have an UK Visas and Immigration (UKVI) online account needs to set up one before 31 December 2024. If no account has been set up before that date, visa holders may encounter difficulties returning to the UK in the New Year. 

Once the UKVI online account has been set up, the migrant will be able to see their eVisa, which is an online record of their UK immigration status. This can then be used to show to airlines, for example, that the person has the right to return to the UK from abroad.  

Process 

Visa holders should create a UKVI online account with their current immigration permission document. Registration is free of charge and spouses, partners and children will all need to create their own UKVI online account. To set up the account, the person will need access to an email address and a mobile phone (as they will be sent security codes to complete the set up), their current passport and BRP or visa application number (Global Web Form, or GWF number, which would be in the approval email or letter). 

It also involves verifying their ID via the ‘UK Immigration ID Check’ app, which can be downloaded and used on eligible mobile phones. The eVisa will then be linked to the UKVI online account. Currently this can take a few days, however, in some rarer cases it can take several weeks, so it is important for visa holders to set this account up as soon as possible if they have not already done so. 

Visa holders are reminded, once the account is registered, to update the ID document from the BRP card and transfer it to be linked to the passport. 

Travel over the festive period 

Ideally, those holding UK immigration documents will have already set up their UKVI online account and have their eVisa. It is important to ensure that the passport they intend to travel with has been registered on the account. 

For those who have registered an UKVI online account but have not been able to access their eVisa yet, they should take their passport and current travel document with them, even if it has expired.  

Migrants who have a BRP and an eVisa account should take their passport, BRP and a share code with them as their carrier might ask for it (this can be obtained here). Migrants who only have an eVisa but no BRP should also take their passport and a share code with them. Share codes are valid for 90 days from issuance. 

As a backup, and to keep travel disruption to a minimum after the holidays, the Home Office has permitted all carriers to initially accept BRPs or EU Settlement Scheme Biometric Residence Cards which expire on or after 31 December 2024 as valid evidence of permission to travel to the UK until 31 March 2025. 

It is also recommended to travel with a copy of your latest visa approval letter. 

Despite the Home Office putting in place contingency plans, travellers are advised to expect delays and disruption at the ports, at least for the first few weeks of January 2025 whilst the new process beds in. 

Registration of a new passport 

Migrants need to link their current passport to their UKVI online account before they travel. They then need to update the account whenever they get a new passport, or any other significant personal details change. 

We would advise that currently passport details are only updated from within the UK rather than from abroad as it may cause re-entry issues, and the migrant may be required to obtain an entry visa into the UK if they leave on their old passport and want to return on a new passport. 

Currently, if visa holders try to register a second passport on the UKVI online account they are required to send this passport to the Home Office. There is no timeline as to when the Home Office will return the passport, other than they will try to do so as soon as possible. It is therefore advisable to think carefully about which passport is registered first, and what travel is planned as it is likely that the passport will be with the UK authorities for a number of weeks. 

What to do if an eVisa is incorrect 

If there is an error on the eVisa, such as with the name, photograph or an incorrect status, migrants can use a new online service to report it and request the error be corrected.

The Home Office has also released travel guidance to proactively resolve issues related to an eVisa before travel.

Creating an UKVI online account is not a visa extension and does not replace the need to make a fresh visa application before a current one expires. Those who already have an UKVI online account do not need to create another one. 

There is no formal duty on employers to check staff have registered and Right to Work checks remain unaffected, however employers may wish to send communications to their employees to ensure everyone is aware of the requirement to set up an UKVI online account, to avoid disruption to the business in the new year because some employees cannot return to the UK.  

eVisa Right to Work checks 

As previously discussed, most BRPs expire on 31 December 2024. This leaves many employers wondering if they need to undertake new Right to Work (RTW) checks on employees who are holding such a document. The answer is that it will depend on when and how the initial RTW check was done. 

1.  If a manual RTW check was done  

If the initial RTW check was done before 6 April 2022 (when RTW checks via online share codes became mandatory) on a physical BRP, employers would have listed the BRP expiry date as 31 December 2024, so must complete an online RTW check before that date. Expiries of 31 December 2024 started to appear on BRPs in early 2020 so employers might have a few they need to check. 

If the manual check was undertaken on a BRP showing the holder had Indefinite Leave to Remain (ILR) no repeat check is required even if the BRP expires on 31 December 2024. 

2.  If a share code check was done 

If a share code check was done there is no need to perform a repeat check. 

If businesses have done any manual checks after 6 April 2022 they may wish to consider re-doing them to obtain a share code. Employers may not have obtained their statutory excuse against employing an illegal worker if they did a non-compliant, physical check, on the document in case that employee turns out not to have the right to work. 

3.  EU Settlement Scheme Status 

For employees holding pre-settled or settled status under the EU Settlement Scheme repeat checks are no longer required (provided the initial check was done correctly at the time). 

It is important for employers to ensure their RTW checks have been undertaken correctly. Where repeat checks need to be done, employers need to be clear exactly when they need to be done. It may be the case that there are a number of checks which will need to be undertaken before the end of the year, so it is vital to take stock now and put processes in place to ensure the checks are done in time and the employer does not lose their statutory excuse against employing illegal workers. 

Reduced Home Office capacity over the festive season 

The Home Office will have reduced staffing and opening hours over the festive period with full closures both in the UK and globally during the UK bank holidays. 

This will result in extended processing times for visa applications, even if priority or super priority processing has been purchased at an additional cost. 

Those who have submitted entry clearance visa applications outside of the UK should not enter the UK during the festive season until a decision has been made on their application. Generally, applicants cannot travel internationally once the application has been submitted online and biometrics have been provided as the UK authorities will retain their passport. Even if they have a second passport, they should keep travel to a minimum and not travel to the UK until such time as they have received their passport and approval back from the UK authorities. If they enter the UK as a visitor before their visa application has been approved, it may be considered to be showing ‘contradictory intentions’ as a visitor is a short-term permission that does not allow working or living in the UK.  

Migrants who have submitted a visa application from within the UK must not leave the UK after it has been submitted online until such time as they have received confirmation from the Home Office that their application has been approved. If they leave the UK before their application has been approved, it will be considered to have been withdrawn. Fees will not be refunded and depending on the circumstances a new entry clearance application will have to be submitted from outside the UK. 

It is important for all visa applicants to consider their travel arrangements over the festive season before submitting any applications to make sure they are not accidentally invalidating their applications. Contact your team member at Birketts for further clarification. 

Home Office increases compliance pressure on UK businesses 

Both the previous Conservative Government and now Labour have been clear that part of their strategy to modernise UK immigration was going to be a renewed focus on employer compliance. To that end the Home Office has recently recruited a large number of new Immigration Enforcement Officers. These new officers are involved in checking an organisation’s RTW regime, as well as undertaking sponsor licence holder compliance audits.  

RTW audits 

Since Labour came into power the number of enforcement visits to audit businesses for illegal working has increased by 34% (from 2,371 to 3,188) and arrests increased by 25% (from 1,836 to 2,299) when compared to the same period last year. Various areas of the UK economy were targeted for review, such as supermarkets, construction, and smaller businesses like nail bars and car washes. In November 2024 alone the Home Office issued civil penalties referral notices to more than 50 businesses who were found to have employed workers illegally. The notices were worth up to £4million.  

Sponsor compliance audits 

In line with increased RTW audits the Home Office is also intensifying its scrutiny of sponsor licence holding employers in the UK. This starts with sponsor licence applications, to sponsored visas, to full compliance audits in person or online. 

For example, according to the UK Government’s own figures between July and September 2024, of the submitted 8,299 sponsor licence applications 3,245 were not granted (applications which were withdrawn, rejected or refused), which is just over 39%. This is a marked increase from figures in the previous years. 

There has been no discernible change in the sponsor licence application guidance which could explain the increase in unsuccessful applications, so it must be assumed that Home Office case workers are exercising more discretion not to grant sponsor licences. This would seem to support the UK Government’s desire for businesses to invest more in the training of existing staff/the existing labour market before recruiting from abroad. 

But it is not just new sponsors who are feeling the pinch. The increased compliance activity has resulted in 509 Skilled Worker sponsor licence suspensions, and 513 Skilled Worker sponsor licence revocations in quarter three of 2024 alone. This is again a large increase from previous years. 

We reported last month that the UK Government is further considering tightening the rules around sponsor non-compliance by extending the periods a business can spend on an Home Office supervised action plan, and also increasing the mandatory cooling-off period between sponsor licence applications when applications are initially refused.  

It is becoming ever more important for businesses wanting to apply for a sponsor licence, and for businesses already holding a sponsor licence, to ensure they are fully conversant with their sponsor duties, can clearly articulate what they are, and are able to show how their HR processes and systems support these duties in practice. Mock audits will go a long way to finding weaknesses in all of these areas. 

UK Electronic Travel Authorisation update 

The UK started to introduce its Electronic Travel Authorisation (ETA) scheme last year. It applies to visitors, who until then, did not have to apply for a physical UK visit or transit visa before coming to the UK. The scheme requires travellers to apply for security clearance before they set off on their travels. This includes children of any age. It is advisable to apply for the ETA in good time before travel is required.  

The scheme currently applies to Quatar, Bahrain, Kuwait, Oman, Saudi Arabia, United Arab Emirates and the following countries for travel on or after 8 January 2025: 

From 5 March 2025 the following remaining nationals will need to obtain an ETA for travel to the UK on or after 2 April 2024: 

It is important for businesses to factor this extra step into any planning for business trips to the UK. While most ETAs will be approved almost instantly some may take longer, which can affect the travel timeline. 

European Union’s Entry and Exit Scheme and European Travel Information and Authorisation System update 

The European Union (EU) is introducing two separate but interconnected schemes that will affect non-EU citizens travelling to most EU countries. These are: 

• The EU Entry/Exit System (EES), an automated system for biometrically registering travellers from the UK and other non-EU countries each time they cross an EU external border. 

• The European Travel Information and Authorisation System (ETIAS), a travel authorisation to enter the EU for citizens of non-EU countries that currently do not require a visa to enter the EU. 

The EES was meant to go live on 10 November 2024 but has now been delayed indefinitely as some key participating EU countries were not ready. The EU is hoping to go live as soon as possible. It is likely that the ESS will be rolled out gradually, with some border points going online first, and then a gradual expansion of the system will take place until all EU border crossings are covered. Travellers from the UK don’t have to take any precursory action for EES registration – this will be dealt with directly by the port officials.  

It remains to be seen if the EES delay will have an effect on the ETIAS system going live in May 2025. ETIAS will apply to British and other non-EU/non-Schengen country citizens travelling to all EU member states for up to 90 days, with the exception of Ireland. It will also apply for travel to the four European Economic Area (EEA) countries. Travellers are required to apply to ETIAS before they travel. 

As with the UK ETA, most applications should be instant, but issues can occur which delay the approval. In either case, the additional administration will need to be factored into travel timelines.