Immigration status documents need action under UKVI’s digital switch – lawyer
All immigrants currently holding a form of status in the UK, but not yet British citizens or granted status under the EU Settlement Scheme, are advised to switch to an E-Visa as soon as possible.
The advice comes from André Minnaar (pictured), head of the Immigration Law Team at West Midlands firm Sydney Mitchell, in preparation for the UK Visa and Immigration (UKVI) department switching to digital documents this year.
Andre explained: “Everyone who currently has a Biometric Resident Permit, or BRP, card, wet ink stamp in a passport, or another form of proof that is not an E-Visa, must create an E-Visa as soon as possible.
“Importantly, it is not a person’s status that changes when the digital switch becomes live. It is how to prove status that is changing.
“Every individual who holds some form of status in the UK and not yet British Citizens or those granted status under the EU settlement scheme, must create an E-Visa. Those with children, must create an individual account and E-Visa for each dependent.
“Anyone travelling and leaving the UK must have their E-Visa sorted, to prevent any travel inconvenience when taking a flight out of the UK, or issues with immigration upon their return.
“My advice is to create the E-Visa as soon as possible, to avoid delays or any last-minute errors, which could leave them with little or not enough time to resolve any problems before travelling.”
The digital switch was originally set for midnight on 31 December 2024, but this changed at the last minute, as André explains: “UKVI has long been canvased to delay the implementation of digital visas over concerns that people could get stuck abroad and be unable to return to the UK, which could trigger a Windrush-type scandal.
“Also, the online account creation process is difficult for many people, such as those who have lost their BRP and have no other form of identity documentation.
“On 4 December 2024, UKVI seemingly bowed to this pressure and issued a statement advising that as an additional safeguard, BRP and BRC holders should keep their old cards that expire on or after 31 December 2024 and continue to carry these when travelling internationally.
“It also confirmed these cards will be accepted as an additional type of acceptable evidence by airline carriers until 31 March 2025, when the date for the E-Visa and digital switch will be reviewed again.”
As well as individuals, there are also implications for organisations employing foreign workers: “For the past few years, employers have had to carry out a ‘right to work’ check using the UKVI online employers checking service,” explains André.
“This means they will already be familiar with the digital system, but must understand that their workers will no longer have a physical card or other hard copy evidence of their right to live and work in the UK and that all proof of status will be online.”
Once an E-Visa is created, it remains the responsibility of each individual to check their details are up to date, including updating any new passport details before travelling. As an additional safeguard, UKVI has advised BRP and BRC holders to keep and continue to travel internationally with their old BRP/BRC cards.
“Currently, people granted entry clearance will still get a vignette sticker in their passports to allow travel to the UK within a certain time-window, after which they must create an E-Visa either immediately or when they arrive in the UK,” André says.
“Those granted status under the EU Settlement Scheme should already have an E-Visa, but it is advisable for EU nationals to access their online account to check their status.”
