Corporate Immigration update—Cliff Edge Deadline for UK Digital Visas Still Leaves 4M at Risk of Losing Rights

Home Office urged to extend year-end date for expiry of biometric residence permits after postponing e-Visas rollout

The controversial rollout of digital visas for non-EU migrants has been delayed, but without any change to the “cliff edge” year-end deadline. This leaves more than 4 million UK residents facing a race against time to avoid effectively becoming undocumented migrants. Initially, the Home Office stated that people would be able to apply for the new “e-Visas” from June, but applications will now open “later in 2024”.

Immigration lawyers have written to the Home Office expressing “great concern” at the delay, noting the unchanged 31 December deadline for the transition to e-Visas.

ILPA ( Immigration Law Practitioners’ Association ) highlighted that the new government has inherited chaos in the digital immigration system, amplified by the hostile environment and the carriers’ liability regime. ILPA has warned that without urgent action within the next five months, the biometric residence permits (BRPs) of 4 million people will expire, leaving them undocumented.

Biometric Residence Permits (BRPs)

• BRPs are issued to all foreign nationals with permission to live in the UK for at least six months as proof of their immigration status and residency rights.
• These are being replaced with e-Visas under the Home Office digitisation programme.
• More than 4 million non-EU migrants will need an e-Visa by 31 December 2024.
• After this date, BRPs will no longer be accepted as proof of immigration status and residency rights.
• Applications to access e-Visas will be accepted in 2025, but this change has been poorly publicised.
• Many people may not learn of the rule change until they find their BRP no longer proves their rights.
• To access their e-Visa, individuals must first set up a UK Visas and Immigration (UKVI) digital account, currently only possible by Home Office invitation.
• A trial this spring encountered problems due to incomplete contact details.

Timeline Concerns

• The Home Office had intended for public access to UKVI accounts to start in June, allowing six months for about 4 million people to transition, a timeframe some feared was too tight.
• The recent change to the Public Beta timeframe has caused concern, placing millions in uncertainty without a secure timeframe for transferring their immigration status online.
• ILPA has not received a response from the Home Office to their concerns raised at the start of the month.

Travel Concerns

• Millions will need to create an account to obtain their e-Visa, ensure there are no errors in their status, and check that the Home Office has their up-to-date passport or travel document details.
• This is crucial to ensure they can travel over the winter holidays and return in the new year without issues.

Home Office Response

• A Home Office spokesperson stated that this phased launch marks a step towards replacing physical immigration documents with e-Visas by 2025 and is part of the digitisation of the UK’s border and immigration system.

Immigration and Sponsor Compliance Audits

• UKVI will assure sponsors they will not be penalised for record-keeping issues due to the e-Visa rollout.

Strategic Solution

• UKVI aims to provide a strategic solution by June 2025.

Santa Fe Analysis:

For expert advice and assistance with the future applications contact our immigration experts. However, we notify our clients that there are number of changes in the immigration rules.
If you are considering applying for a UK visa, you may therefore wish to submit your application sooner rather than later. And, whenever you apply, professional advice from an immigration experts will help to ensure that your application is approved first-time.