General

UK eVisas to replace biometric residence permits in 2025

By Amer Zaman

on December 15, 2023

Read Time: 8 Minutes

Many foreign nationals who are presently in the UK, including visa holders and those who have been granted “indefinite leave to remain” (ILR) status, may be in possession of physical visa or immigration documents that show an expiry date of 31st December 2024, even if the leave they were granted extends beyond this date.

The good news is that there is no reason to panic about this apparent discrepancy; it relates to the UK Government’s announcement that biometric residence permits, also known as “BRPs”, will cease to be issued from 1st January 2025. The current BRP system will be superseded by a new digital system for confirming migrants’ immigration status, which will be known as eVisa.

But if you are a foreign national who could be affected by this, what else do you need to know about the change, including any action you might be required to take ahead of 2025? Below, our specialists in UK immigration law at Cranbrook Legal have set out a handy summary.

What is a biometric residence permit?

A biometric residence permit is a physical, polycarbonate identity card – including a chip, and measuring 86mm x 54mm, or standard credit-card size – that is typically granted to foreign nationals in the UK in certain circumstances. These include if the migrant:

Foreign nationals do not need to apply separately for a BRP; if any of the above situations is true, they can normally expect to receive one automatically.

A biometric residence permit can be used to confirm the holder’s identity, right to study in the UK, and right to any public services or benefits to which they are entitled.

According to the UK Government, a BRP cannot be used to confirm the holder’s right to work or rent in the UK; a BRP holder wishing to prove their right to do either of these things will need to follow certain online processes instead, via the GOV.UK website.

Biometric residence permits should not be confused with biometric residence cards (BRCs), although this is another document that is effectively being replaced in the transition to the eVisa system.

BRCs are also sometimes referred to as EEA biometric residence cards, or simply UK residence cards; it is no longer possible to apply for one, and a holder of such a card is not able to use it as a means of confirming their right to live, work, or rent in the UK.

What is an eVisa?

The term “eVisa” refers to an online record of a foreign national’s UK immigration status. It provides information on the validity and conditions of the given individual’s permission to enter or stay in the UK. The idea behind this digital system is that it provides individuals who have valid leave in the UK with a quick, convenient, and secure way of proving it online.

eVisas are not entirely “new” in the UK. They have been in use since 2018, most frequently for applicants through the EU Settlement Scheme. However, eVisas will now effectively replace BRPs, the intention being to ensure that, with effect from 1st January 2025, there will be no need to issue any further biometric residence permits.

What will happen to the BRP after 2024?

The short answer to this question is that biometric residence permits will be replaced altogether from 2025 onwards. The UK Government is seeking to move away from a system of physical documents to indicate a given individual’s immigration status in the UK; instead, it will be possible for such a person to access an online record of their status, known as an “eVisa”.

In order to use this digital system, including to view and share relevant information about their status with third parties such as employers or landlords, foreign nationals in the UK will need to register an account with UK Visas and Immigration (UKVI).

The UK Government has outlined various benefits of eVisas that help explain its thinking on the shift from BRPs to the new digital system. These include the fact that they are secure and cannot be lost, stolen, or tampered with, as are common concerns about physical documents.

The eVisa system will also mean the migrant who has submitted an immigration application to the UK Home Office will not need to collect or wait for a physical document once the outcome of that application has been decided.

Furthermore, it will simply be a quicker and easier process to confirm at the UK border that the given foreign national does have the right to enter the UK. Indeed, the UK Government has said that in future, eVisa holders will be able to travel to the UK without the need to carry a physical document, except for their current passport, which will need to be registered to their UKVI account.

What difference will the switch make to current BRP holders’ immigration status?

An extremely important point to emphasise is that the UK Government’s transferral from BRPs to the new eVisa system does not impact on the immigration status of current BRP holders, or their permission to enter or stay in the UK.

So, even if your current biometric residence permit does show an expiry date of 31st December 2024, this does not mean your leave in the UK will expire on this date. If your most recent visa or immigration application to the Home Office resulted in you being granted leave beyond 31st December 2024, it is only the BRP card itself that will cease to be valid on that date.

This means the expiry of your BRP will also not have any bearing on your other rights in the UK, including your entitlements to work, travel, or access services or benefits.

Why was the 31st December 2024 date chosen for the expiry of current BRP cards?

The December 2024 expiry date for BRPs initially applied due to encryption technology in these cards not meeting European Union (EU) requirements. However, with the Brexit transitional period having concluded at the end of 2020, such EU restrictions on format also ceased to apply, and there was a transition to a new UK format BRP.

The UK Government had intended to resume issuing BRPs with an expiry date reflecting the BRP holder’s duration of leave. An exception to this would have been those who were approved for “indefinite leave to remain” status, whose BRPs were expected to be issued with a default duration of 10 years in the case of adults, and five years for a child.

In the meantime, however, the Home Office was also continuing to work on digitalising immigration status information, with a view to making it easier for people to access and prove their status via GOV.UK. The aim is to ensure that by the end of 2024, everyone will be able to view their immigration status information online. In accordance with this ambition, the department made the decision to continue short-dating all BRPs issued, which means that all of these physical cards will expire no later than the end of 2024. This will have the effect of many migrants receiving BRPs that expire potentially long before their leave in the UK expires.

How do I get an eVisa for the UK?

As of December 2023, the UK Government is still in the process of transferring BRPs to the digital eVisa system. So, if you are a foreign national who currently has permission to stay in the UK, and who has a biometric residence permit, a biometric residence card, or other physical documents proving your immigration status, you do not need to take any action now.

The UK Government has said that over the course of 2024, it will issue further updates on when affected individuals will need to register for a UKVI account, and what other steps they will be required to take.

If you are a BRP holder who needs to make a new application for permission to stay in the UK, you are advised to follow the normal application process for this. The Home Office will advise and inform you during the application process on how you can create a UKVI account, if you need to do this.

If you have permission to remain in the UK, on completion of your UKVI account registration, you will be able to view your eVisa.

What other action should I be taking now?

As we stated above, provided that you have current permission to remain in the UK and a physical document such as a BRP to prove your immigration status, you do not yet need to take any action (other than preparing and submitting any new immigration application that you may need to make, if your current leave in the UK is coming to an end).

If you are a BRP holder, you should have already received a letter from the Home Office, confirming the expiry date for your leave in the UK, and advising that your BRP may expire prior to this. If you are not already able to access your immigration status information online, you can depend on this letter as confirmation of the actual expiry date of your leave in the UK.

It is expected that in the first half of 2024, before the 31st December 2024 expiry date is reached for many existing BRP cards, all BRP holders will be provided with full access to their immigration status information online, via the GOV.UK “view and prove” service.

If you have any questions or concerns about this transition from biometric residence permits to the digital eVisa system, or if you would like to take advantage of our other expertise in UK immigration law, please don’t hesitate to call the award-winning Cranbrook Legal team in central London today, on 0208 215 0053. Alternatively, please feel free to fill in and submit our straightforward online form to arrange a free consultation.

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