Biometric Residence Permits Are Transitioning to eVisas

eVisa Transition

UK Biometric Residence Permit (BRP) cardholders have started receiving emails from UK Visas & Immigration to set up an online UKVI account. This is in preparation for the UK government's transition to digital "E-visas" which will impact most visa categories. BRP cardholders will need to take action with the change fully implemented by December 31, 2024.

The Biometric Residence Permit

A Biometric Residence Permit (BRP) is a physical card issued to most non-UK nationals living in the UK. Introduced in 2008, it is a compulsory part of the Visa process for Visas with leave lasting 6 months or more. The BRP serves as proof of lawful residence and immigration status.

Why You Need a BRP

The BRP confirms the identity and right to work and study as permitted by your Visa route and grants access to public services or benefits. It can be used to:

• Confirm identity
• Show the right to study
• Access public services/benefits
• Display National Insurance Number (on certain Work Visas)
• Open a bank account or obtain a loan
• Use government, local council or NHS services
• Leave and enter the UK

The BRP is essential for job applications, school enrolment, driving licence applications, healthcare access, and other public or official services. While you don't need to carry it all the time, you must show it at the border with your passport when travelling outside and returning to the UK.

Migrants eligible to work in the UK are encouraged to collect their BRP before starting work. Employers must check prospective employees' right to work in the UK. However, under current legislation, employers are responsible for checking prospective employees' entitlement to work in the UK through the Right to Work Check.

Card Details

The Biometric Residence Permit (BRP) is a secure form of identification for foreign nationals in the UK, including visa holders and those with "indefinite leave to remain" (ILR) status. It is issued to those staying in the UK for more than 6 months and includes many security features similar to those of other official UK government-issued IDs.

Exceptions to BRP Requirements

People who are exempt from immigration control (e.g. diplomats), short-term visitors, and individuals staying in the UK for less than six months do not usually require a BRP.

Changing BRP Details

If your circumstances change, you must report the changes within 3 months. Failure to do so can result in a fine of up to £1,000 or a shortened stay. The changes you need to report include:

• Name (including changes due to marriage)
• Nationality
• Facial appearance
• Date of birth (if it was previously incorrect)
• Gender

Applying for a Biometric Residence Permit *

The Biometric enrolment appointment is scheduled when you apply for your visa. You will need to book an appointment at a UKVCAS service centre to provide your biometric information. The Biometric information registration process takes about 5 minutes and includes having a digital photo taken of your face and scanning your fingerprints on a glass screen.

As part of most Visa application or Biometric Residence Permit replacement or transfer process, you will be invited to arrange a Biometric appointment via a 3rd party website after you have submitted your application on the Home Office or UKVCAS account. You will need to bring the following to your appointment:

• A printed copy of your appointment confirmation document with a QR code.
• Your passport or travel document.
• Any other supporting documents, unless you’ve already uploaded them online. Note that you may receive a checklist of suggested documents after your application submission, however this list is not exhaustive hence you may need to add further documents relevant to your case.

If you are applying from within the UK, your BRP will be sent to the address provided in your application.

If you made a Visa application abroad, you will be instructed to collect the BRP within a certain deadline upon your arrival into the UK. This must be done before the vignette sticker in your travel document expires or within 10 days of arriving in the UK, whichever is later. Your Home Office approval letter will specify whether you should collect your BRP from:

• A named Post Office branch.
• Your Sponsor, if you chose this option during your Visa application.

*Since 31 October 2024, Biometric Residence Permits (BRPs) or Biometric Residence Cards (BRCs) are no longer issued. You will be granted an eVisa instead. When you receive a successful result on your Visa application, check the Notice of Decision or approval letter for instructions on how to create or access your UKVI account and to link your passport or travel document to your new eVisa for future travels.

If had a successful Visa application before 31 October 2024 but have have no valid passport or BRP card, you may still create the UKVI account to access your eVisa. To verify your identity, the Home Office may invite you to attend a video interview. If you no longer have your Home Office reference number (e.g. BRP number, or visa application number such as UAN or GWF), you may be directed to the Request Your Reference service when registering for the UKVI account.

If you do not have a valid ID document and need to update your UKVI account personal details (photograph, name, nationality, sex marker, or date of birth) via the Update your UK Visas and Immigration account details website. You may be invited to attend a UKVCAS centre to enrol your biometrics so that your latest photograph or details are reflected in the UKVI account.

Updating Your BRP

If your personal details change, you must report them. Failure to update your BRP can lead to verification issues and legal complications.

BRP holders must proactively update their Biometric Residence Permit with any changes in personal details to avoid verification issues and maintain accurate legal records. You must apply for a BRP if your passport or travel document has expired, lost or stolen, or your details have changed. To update personal details on a BRP, individuals must fill out specific forms, such as the change of circumstances form, and provide supporting documentation to the Home Office.

For a change of address, you need to update your details using the Home Office online service or by filling out the change of circumstances form and sending it to the specified address. This process ensures your BRP reflects your current details and maintains legal compliance.

How to Replace a BRP

If you lose your Biometric Residence Permit, you should lodge a report with details on your stolen or lost BRP.

If you lose your Biometric Residence Permit in the UK, you need to report the loss via the government website and access your eVisa through an another ID or an alternative way such as your Home Office reference number.

If you lose your Biometric Residence Permit card while abroad:

1. If you cannot access your eVisa or update your UKVI account

You must apply for a Replacement BRP Visa before returning to the UK. It costs £154 and is temporary permission enabling you to re-enter the UK once only. Within 3 months of returning to the UK, you should make a BRP Replacement application to receive a new immigration status proof stating the conditions of your original Visa. Should you miss this deadline, only valid reasons preventing your return on time would be accepted for a late application.

Failure to apply for a replacement within 3 months can result in a fine of up to £1,000 and possible removal from the UK.

2. If you have Indefinite Leave to Remain and left the UK for over 2 years

You may apply for a Returning Resident Visa before entering the UK.

If you find your BRP after reporting it lost or stolen, you will no longer be able to use it, as the Home Office will cancel the validity of that Biometric Residence Permit.

Transition to eVisas

The Home Office plans to transition all physical immigration documents to an online system known as eVisas throughout 2024. This is part of the broader strategy to create an end-to-end "digital by design" immigration system. The Home Office is expected to stop issuing new BRPs in October 2024.

What is an eVisa?

The eVisa is a new online status of your UK immigration rights and conditions of your permission to stay in the UK. Instead of a physical document, you will have an online account to view and share your immigration status. The eVisa system does not change visa eligibility or application criteria; it simply changes how you prove your immigration status.

The move to eVisas is part of the broader Home Office strategy for an end-to-end “digital by design” immigration system. The eVisa system began in 2018 and is gradually replacing physical documents. By January 2025, the Home Office aims to have physical Biometric Residence Permits (BRPs) replaced by digital eVisas. Most physical BRPs will expire on 31 December 2024, making it essential for BRP holders to prepare for this change.

How to Apply for an eVisa

If your Biometric Residence Permit expires on or before 31 December 2024 but your Visa is valid until after this date, you should convert your existing physical BRP card into an eVisa by applying for a UKVI account.

If you have a Biometric Residence Card (BRC) under the EU Settlement Scheme, you should also have access to your eVisa. The Home Office has also been emailing some BRP holders as part of a pilot scheme, instructing you to create a UKVI account.

Certain Indefinite Leave to Remain or Indefinite Leave to Enter holders do not have a Biometric Resident Permit - you may have old stamps in your passports stating No Time Limit instead. According to Home Office eVisa guidance, you should submit a No Time Limit (NTL) application to receive your new eVisa. You can then obtain the UKVI account to access an eVisa. Until the end of the year, it is advised to continue travelling with your BRP and passport.

How to Access Your eVisa

To access your eVisa, you will need to:

1. Create a UKVI account.

If your details have changed since your Visa was granted, you may first need to update your UKVI account with your new name, passport details, email address or phone number.

2. Confirm your identity using the 'UK Immigration ID Check' app, including scanning your ID document(s) and taking a digital photograph.

If your information is accepted and your UK immigration status is identified, your account will reflect your eVisa status with your Visa conditions. This process will link your eVisa to your UKVI account, and you will receive an email notification when you can access your eVisa.

3. If your eVisa contains any wrong information, you may report the error via the Home Office form regarding any of the below:

• name
• sponsor reference
• photo
• National Insurance number
• visa conditions on permitted activities or restrictions you face in the UK
• immigration status
• visa validity or expiry date
• contact details such as e-mail or phone number

Benefits of an eVisa

• Saves Time: Your immigration status is available online, eliminating the need to carry a physical document.
• Easily Accessible: Access your eVisa anytime you have internet access.
• Cannot be Lost or Stolen: eVisas are secure and cannot be physically lost, stolen, or tampered with.
• Quicker Processing: No need to wait for or collect a physical document after your application is decided.
• Ease at the Border: Easier to prove your status at the UK border and share your status or share code with employers and landlords.

Preparing for the Transition

Converting your status to an eVisa does not legally affect your UK Visa or immigration category, or the conditions of your permission to stay in the UK.

If your Biometric Residence Permit expires by 31 December 2024, and you plan to remain in the UK beyond your current visa expiry, you should apply for an eVisa before your BRP expires. You should also have access to eVisa if you hold a Biometric Residence Card (BRC) under the EU Settlement Scheme. The online application would involve using an app and this process is gradually replacing the issuance of a physical document.

Watch the official UKVI tutorial video for more information on creating a UKVI account and accessing your eVisa.

QC Immigration Advice on Transitioning to eVisa

Starting January 1, 2025, eVisas will completely replace the current BRP system. Not transitioning to the eVisa system could affect your immigration status and raise issues when travelling back to the UK.

If the Home Office has e-mailed or texted you to access your eVisa, it advisable to follow their instructions promptly. For those whose Biometric Residence Permits expire by 31 December 2024, you can now create a UKVI account and access your eVisa. You should do this before the expiry date of your BRP.

Any issues, such as incorrect name, photograph, status, contact details or information on your eVisa, should be reported to the Home Office immediately via the 'Report an error with your eVisa' form.

If your BRP is lost or stolen, you can use a travel document, such as a Passport or Visa application reference number, to create your UKVI account. You should only apply for a Replacement BRP for a lost or stolen BRP, and you have no other form of identity document to create a UKVI account.

The system is being updated regularly with ongoing fixes to some technical issues. To stay updated, you can sign up for updates from the Home Office and review the official eVisa guidance.

The transition from BRP to eVisa will affect millions of UK visa holders and also impact employers. Employers need to ensure their workers have the right to work, especially since 2022, when BRPs were no longer accepted as proof and given the new requirements of the visa scheme.

If you have Indefinite Leave to Remain and have left the UK for over 2 years continuously (or 5 years consecutively for those with EU Settled Status), you will need to apply for a Returning Residence Visa before coming back to the UK to ensure that your Indefinite Leave to Remain will not be revoked.

You may consider applying for British Citizenship instead. Once you are a British citizen with full rights in the UK without any time restriction on your residence or absences, you do not need to obtain the eVisa.

Our highly-experienced QC Immigration specialists offer professional advice to employers on the implications of the new eVisa system on right-to-work checks, Sponsor duties and immigration compliance.