The end of a BRP era

As the UK phases out BRPs in favour of eVisas, how will this shift affect your clients? With existing delays and confusion, could the situation worsen?

From 31st December 2024, biometric residence permits (BRPs), biometric residence cards (BRCs) and proof of immigration status contained within passports, such as vignettes, will become predominately inoperative. As a result, individuals subject to immigration control in the UK will no longer be able to use hard-copy documents to prove their immigration status and resulting rights. Instead, an online record of immigration status, in the form of an eVisa, will be the means by which an individual can prove their right to work, rent, study and access public services and support.

In order for an individual who holds immigration status in the UK to access their eVisa, a UK Visas and Immigration (UKVI) account must be made in their name. The status holder will then need to link their eVisa to the UKVI account by completing an identity check. For the most part, a hard-copy BRP containing an electronic chip is required to complete the identity check. Following this check being completed successfully, individuals should be able to log into their UKVI account in order to view and share their eVisa. The eVisa will note personal details, immigration status and any conditions attached to an individual’s grant of leave. The eVisa will also function as proof of a person’s right to enter the UK following travel abroad.

Concerns and issues around eVisas  

eVisas have been employed by the Home Office for a number of years as proof of entry clearance or leave for individuals who have submitted certain types of applications, most notably for those who have applied and subsequently hold status under the EU Settlement Scheme (EUSS). Despite the fact that eVisas are far from a new concept, issues with their effectiveness continue to be reported.

Earlier this year, it was reported that leaked internal Home Office documents outlined how database errors resulted in the merging of tens of thousands of eVisas, resulting in eVisas showing incorrect information or photographs. The individuals affected by these data protection breaches reported being unable to prove their right to work as a result of the system issues. Earlier database glitches had resulted in the eVisas of some individuals, whose EUSS applications had been refused, incorrectly showing them as having the rights of persons with pending applications, including the right to access public funds.

Vulnerable people, including those who have a level of computer illiteracy, may encounter issues using technology to prove their status by way of an eVisa. Others may be unaware of the transition to digital status until such time as they urgently require to prove their immigration status. Home Office guidance confirms that individuals may nominate someone to assist them with the management of their account or to manage their account entirely as a proxy, however this solution relies on vulnerable individuals being able to continually engage with a support worker who is able to assist them in this way.

From 31st October 2024, the Home Office will cease issuing BRPs to individuals whose applications for leave have recently been granted. Home Office guidance updated on 26th September 2024 confirmed that it would no longer be issuing replacement BRPs where an individual’s card had been lost or stolen. While the Home Office has confirmed that individuals will also be able to use their travel document and BRP number or visa application number to create a UKVI account, issues will no doubt be encountered in instances where individuals do not hold a travel document.

Individuals with indefinite leave to enter or indefinite leave to remain who have never held a BRP will be required to make a ‘no time limit’ application in order to obtain an eVisa. While there is no fee for this type of application, an individual will need evidence of their residency in the UK in order to confirm that their leave has not lapsed as a result of prolonged absence. Dependent on their individual circumstances, applicants may encounter difficulties providing this proof.

Support with eVisa issues

As the deadline for transition to the new system approaches, solicitors may experience anxious enquiries from clients in relation to their ability to prove their status. The Home Office has granted funding to various organisations to assist people with accessing their eVisas, including Citizens Advice Scotland. The Home Office is also advertising an Assisted Digital service, through which individuals can obtain help in creating a UKVI account.

With 4 million people estimated to be affected, the transition is a crucial issue within the immigration and asylum sector. Advocacy group the3million has set up a reporting tool to gather further information in relation to the problems encountered when people attempt to view, update or prove their digital status. The group had previously led a judicial review challenge in respect of the Home Office policy of “digital only status” for those granted leave to remain under the EUSS.

View the Government’s eVisa guidance here.

Written by Anna Knox at Latta Law