UK immigration is going digital: what you need to know
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The UK is digitalising its immigration system this year. of Vanessa Ganguin Immigration Law outlines two key aspects: the new eVisa those with UK visas will need to prove their status and the Electronic Travel Authorisation (ETA) for those entering the UK on a business or leisure visit.
What do we need to know about the eVisa?
If you currently rely on physical immigration documents to prove your UK immigration status, you should update to an eVisa, as from 1 January 2025 you may need this digital proof of status to prove your right to work, study, rent, access public services and travel to the UK. The UK government is urging everyone to start the generally simple process to transition as soon as possible. The isn鈥檛 compulsory if you already have UK immigration permission and applying is free, but biometric residence permit (BRP) and biometric residence card (BRC) documents are set to expire by December 31, 2024, even if your immigration permission extends beyond that date.
If you have pre-settled status or settled status under the EU Settlement Scheme, or have used the 鈥楿K Immigration: ID Check mobile App鈥 to make an immigration application, you should already have an eVisa. You should not need to do anything now other than keep UK Visas and Immigration (UKVI) updated with your latest passport/national identity card details and contact details.
If you have a BRC and you have been granted status under the EU Settlement Scheme, then you should already have an eVisa and would not need to take any action. There should be details of how to access and use your digital status in the grant letter or email from UKVI.
If you have British or Irish citizenship you need not do anything either 鈥 you can continue to use your passport to evidence your rights. Everyone else who doesn鈥檛 have an eVisa yet is being urged to transition to the new digital system as soon as possible.
How to apply for an eVisa
BRP holders should create a UK Visas and Immigration (UKVI) account to access the new eVisa on the聽 website. You will need your BRP number or alternatively, the Unique Application Number (UAN) from your last visa application, as well as a valid passport or identity document. You should then use the 鈥淯K Immigration: ID Check鈥 app on a tablet, smartphone or laptop to confirm your identity with photos of documents and your face, before filling out a short application form to link the UKVI account to an eVisa. You should receive an email a few days later confirming your digital eVisa is available. It is worth checking it works before travelling out of the UK.
Holders of older legacy paper documents such as ink stamps and visa vignettes, those whose passports with stamps in are lost or have expired will need to first make a free 鈥榥o time limit鈥 (NTL) application, which can then be used to create a UKVI account. The latest Home Office advice suggests that those 鈥渨ho have tried to register for an eVisa customer account but their details cannot be found on HO systems and so they need to enrol biometrics鈥 should also apply for NTL first. This process is rather longer, with a waiting time of around three months, so we would caution you to apply sooner rather than later.
What HR teams should know about the eVisa
Employers should always check when employees鈥 right to work expires and carry out follow up checks where needed. If records show a work visa is valid beyond the expiry of an employee鈥檚 BRP on 31 December an employee generally does not need to transition to an eVisa. Though if the right to work check only involved checking the BRP 鈥 which was acceptable procedure up to April 2022 – a worker should transition to an eVisa so that they can prove their right to work beyond the end of this year.
If you have any questions regarding this or any practices, please do not hesitate to contact us at vanessa@vanessaganguin.com.
Who will need the new Electronic Travel Authorisation (ETA)?
Most nationals require a for short trips to the UK such as tourism, visiting family, attending events and business trips. So-called non-visa nationals from countries such as the USA, Canada, Australia, Japan and European Union nations don鈥檛 need a visitor visa. However, they will now need prior permission in the form of an Electronic Travel Authorisation (). You will need one to enter the UK as a visitor, a (for up to three months) or even just for transiting the UK.
Last autumn the system opened to Qatari nationals travelling to the UK before extending to nationals of other Gulf states. The process will open on 27 November 2024 for USA and other non-European nationals who do not require a visa and intend to travel to the UK on or after 8 January 2025. The process will then extend to non-visa European nationals on 5 March 2025 for visits to the UK on or after 2 April 2025.
You will not require an ETA to travel to the UK if you are settled, a British or Irish Citizen, British Overseas Territory Citizen, you already have entry clearance, permission to enter, or permission to stay (such as a , for instance), are exempt from immigration control or you are a third country non-visa national who lawfully resides in Ireland and are travelling to the UK to visit from somewhere else in the Common Travel Area.
How will the Electronic Travel Authorisation work?
The ETA will operate much like the ESTA for the USA, or like the ETIAS authorisation which will soon be needed for travel to Europe. The ETA costs 拢10, permits multiple journeys within the UK visitor rules and is valid for two years or until the holder鈥檚 passport expires 鈥 whichever is sooner.鈥嬧
You can apply for the ETA through the UK ETA app or fill out an online form. Both can be found聽 According to the Home Office applicants should receive a decision within three working days, but it may occasionally take longer.
The current ETA聽聽list refusal reasons, such as breaching immigration laws (e.g. overstaying, using deception in relation to an immigration application), false representations, and criminality.聽If you are refused, you will be required to apply for a visa such as a Visitor visa or a Creative Worker visa if you want to come to the UK.
You can find more details about the eVisa and ETA .
Vanessa Ganguin is the Managing Partner of聽.
If any 羞羞视频 members would like advice on these or any other UK immigration matters, please Vanessa聽for a free chat 辞苍听+44(0) 207 033 9527聽or email vanessa@vanessaganguin.com.