The UK government's transition to a fully digital immigration system, known as eVisas, represents a significant shift in how immigration status is managed and verified. Initially scheduled for full implementation by 1 January 2025, the rollout has been delayed until 31 March 2025. This delay is primarily due to concerns raised by stakeholders regarding the accessibility and functionality of the eVisa system, as well as potential risks reminiscent of the Windrush scandal. The eVisa system is designed to replace traditional physical documents such as Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs) with a digital record accessible through a UK Visas and Immigration (UKVI) account.
Reasons for the delay
The decision to delay the full implementation of eVisas was influenced by several factors. Stakeholders, including migrants and community organisations, expressed concerns about the readiness of the system and the potential for significant disruptions. Technical issues, such as system glitches and difficulties in setting up UKVI accounts, have been reported, leading to fears of individuals being unable to prove their immigration status effectively. These concerns were compounded by the risk of a new scandal akin to Windrush, where individuals could face unjustified challenges due to administrative oversights.
Transitional measures
In response to these challenges, the Home Office has introduced transitional measures to mitigate potential disruptions. Until at least 31 March 2025, airlines and other international transport carriers are permitted to accept expired BRPs and BRCs as valid evidence of permission to travel. This measure aims to provide a buffer period for individuals to transition to the eVisa system without facing immediate travel restrictions. Additionally, the Home Office has set up a 24-hour helpline to assist with document verification issues, particularly over the New Year period.
Impact on employers
The delay in the eVisa rollout has significant implications for employers, particularly in terms of compliance with right-to-work checks. Employers are encouraged to continue supporting their employees in transitioning to eVisas by ensuring that they create a UKVI account and access their digital immigration status. This is crucial for maintaining compliance with immigration laws and avoiding potential civil penalties, which have been increased to up to £60,000 per illegal worker. Employers should also update their right-to-work checking procedures to accommodate the use of eVisas and ensure that their HR teams are adequately trained to handle the new system.
Practical steps for employers
To facilitate a smooth transition to the eVisa system, employers should take the following practical steps:
Identify affected employees: Determine which employees rely on physical immigration documents and ensure they are aware of the need to transition to an eVisa.
Communicate changes: Clearly communicate the changes to all affected employees and provide guidance on how to set up a UKVI account and access their eVisa.
Update procedures: Revise right-to-work checking procedures to incorporate the use of eVisas and ensure that all relevant staff are trained in the new processes.
Provide support: Offer support to employees who may face difficulties in transitioning to the eVisa system, including those without valid identity documents or those experiencing technical issues.
Challenges and considerations
Despite the transitional measures, several challenges remain. Technical issues with the eVisa system, such as account setup difficulties and incorrect personal details, continue to pose risks. These issues could lead to individuals being stranded abroad without proof of status to return to the UK. The Home Office has acknowledged these challenges and is working to address them, but it is crucial for individuals and employers to remain vigilant and proactive in managing their immigration status.
Additional considerations
The delay in the eVisa rollout also intersects with other immigration changes, such as the introduction of the Electronic Travel Authorisation (ETA) system. From 8 January 2025, nationals from certain countries will require an ETA to travel to the UK, adding another layer of complexity to the immigration landscape. Employers should be aware of these changes and consider their potential impact on their workforce and business operations.
The delay in the full rollout of eVisas until 31 March 2025 provides a critical window for individuals and employers to adapt to the new digital immigration system. By taking proactive steps and leveraging the transitional measures in place, stakeholders can navigate this transition effectively and minimise potential disruptions.
This article was generated using Lex HR, an AI tool designed to assist HR professionals with employment law. If you find the content helpful, please explore Lex HR and sign up for a free trial to see how it can benefit your HR practices.
