Biometric residence permits (BRPs), all issued with expiry dates no later than the end of December 2024, are being replaced with “eVisas“. To get their eVisa, people need to register and set up an online account (see our step by step guide for help with this) so that they can view and share relevant information about their immigration status with third parties, such as employers or landlords.
This means that BRPs will expire on 31 December 2024 but a person can still hold valid leave to remain, potentially for years longer. People cannot and should not submit an application to extend the date of their BRP if their actual leave remains valid past that date.
Yes this is confusing and is already causing people problems, as employers and landlords will often err on the side of caution when it comes to the risk of being penalised for taking someone on who does not have lawful status. For examples of the problems caused when a person holds valid leave but an expired BRP, you can read the recent RAMFEL case on section 3C leave. To avoid those problems, people should apply for their eVisa before their BRP expires.
Proving status after 31 December 2024
As I have said before, the big problem with this roll out is likely to be those who hold indefinite leave on a document that pre-dates the introduction of BRPs. In a response to a written question the Home Office said this:
For customers granted settlement (also known as indefinite leave to remain) prior to the introduction of BRPs, we have recommended through this campaign that they should make a No Time Limit application in order to secure an eVisa. Customers with these older forms of evidence of immigration status, such as ink stamps in passports, will still be able to prove their rights as they do today, using their legacy documents where these are permitted. However, we still encourage those individuals to transition to an eVisa, given the range of benefits it offers to customers and status checkers.
“Where these are permitted” is the most important part of that statement and it will be important to keep an eye on this. The Home Office guide to employers on right to work checks still includes the following as acceptable evidence of status:
A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
Previously, the message has been that physical documents were to be phased out by the end of 2024, but the position now seems to be that it is only BRPs that will be completely phased out by the end of the year (because they expire then). Even then, it now appears that those with expired BRPs but valid leave will still be able to use the existing online right to work and rent services (although this is a more onerous process than with eVisas, which puts some employers/landlords off. Again, do read the RAMFEL case for more):
BRP holders will also still be able to use the online right to work and rent services to prove their rights once their BRP expires – provided they still have valid status – although we will encourage them to register for an account and to use that to access those services.
This change in position is likely to be because the Home Office has accepted that there are people who will not have an eVisa by the end of the year. On 12 August 2024 there was this response to a written question:
The transition to eVisas does not impact a customer’s underlying immigration status. For many, the end 2024 deadline will have no impact; most people don’t need to prove their immigration status on a day-to-day basis, and many of the checks performed will be unaffected by the expiry of Biometric Residence Permits (BRPs).
Do note that in their most recent communication on the issue, the Home Office has recommended that people retain their BRP even after they have sorted their eVisa:
Customers should retain their BRP after this process as they may need it for future applications to stay in the UK. They should also continue to use their BRP as they have previously, such as taking their BRP with them when they travel internationally, until it expires.
Those with expired BRPs will not be able to travel internationally without an eVisa. Those with eVisas need to make sure that they have updated their UKVI online account with the details of the document they will be travelling on. No guidance has been provided on international travel for those with an older pre-BRP document.
Conclusion
To say that these changes will be problematic is an understatement. You only have to look at what has happened with the EU Settlement Scheme as evidence of that, as extensive problems have been reported affecting people’s ability to travel and work. There are already far too many reports of problems with eVisas and anyone affected should ensure that these are reported to the3million and ILPA.
