This is all part of a strategy set in place by the previous government to create a "contactless border" and streamline immigration and right to work processes.

The last government set an official date of 1 January 2025 for eVisas to replace physical immigration documents such as Biometric Residence Permits (BRPs), Biometric Residence Cards (BRCs), and passport endorsements. With BRPs (the most common physical document) set to expire by or on the 31 December 2024, there have been mounting concerns about those who have not managed to transition yet. Ministers are urging anyone who has not registered for an eVisa yet to do so as soon as they can.

Yet our immigration firm has had a spike in enquiries from people experiencing teething problems with the online process, so we are relieved that Immigration Minister Seema Malhotra has confirmed that the hard deadline at the end of the year will now be subject to transitionary measures. Below is a quick guide to share with HR teams, staff, friends, or family who may still need to transition to an eVisa.

Who should apply for an eVisa?

British and Irish citizens are outside of the new eVisa system and continue to evidence their status with a physical document such as a passport. Nationals of the European Economic Area and Switzerland should already have digital immigration status if they applied to the EU Settlement Scheme (EUSS) or are on a post-2020 work visa, in which case their UK immigration status has been digital from the outset. They should have details of how to access and use their digital status or eVisa in their grant letter or email.

Anyone else still holding a BRP, a BRC (or earlier non-digital evidence of status such as a stamp) is being warned to transition to the new digital system as soon as possible.

How to apply for an eVisa

The two-stage process involves creating a UKVI account on the www.gov.uk/eVisa website using a BRP number or the Unique Application Number (UAN) from the last visa application as well as a valid passport or identity document. Next, applicants use the “UK Immigration: ID Check” app to confirm their identity and fill out a short application form to link their UKVI account to an eVisa.

The simple process is free and an email confirming the new eVisa is live should arrive within a few days. Before travelling outside the UK, I would advise using the ‘View and Prove’ service to generate a share code to confirm everything is working as it should.

What can possibly go wrong?

With a digital transformation of the status of millions of people, predictably we have had many reports of glitches in the system. Amid concerns from migrants and civil rights groups that a hard deadline at the end of 2024 would cause a fresh Windrush scandal whereby thousands of people would be unable to access rights such as work and welfare, the government this month offered concessions to ease the transition.

Many users have faced challenges setting up their UKVI accounts or encountered errors when attempting to access eVisas and generate a share code. We have received alarmed phone calls from people who have found incorrect personal details on their account too.

Immigration Minister Seema Malhotra has also warned that many are still unaware and unprepared for the transition, so do let anyone who may be affected know about it. In particular, she urged parents to ensure they have applied for their children’s eVisas.

Easing the digital transition

To mitigate teething problems Seema Malhotra announced in a statement to parliament that people with valid immigration status will still be able to use their expired BRPs if need be to generate a share code to prove their right to work or rent.

For thousands who don't have a BRP and so would need to make what is known as a No Time Limit (NTL) application to apply for an eVisa, the process which has always involved lots of evidence gathering has been greatly streamlined. Crucially, a digital UKVI account is now created alongside the NTL application, rather than only after it’s been granted.

With many worrying they may be stuck outside the UK if returning from a winter trip after 1 January, Malhotra also confirmed that airlines and other carriers will be able to still accept a BRP or similar EUSS BRC expiring on or after 31 December 2024 as valid proof of permission to travel until at least 31 March – a date which will then be kept under review.

I would advise anyone with an expired BRP to continue travelling with it in the early part of 2025, as this will add to the range of checking options. It may also be worth checking you can generate an eVisa share code before travel as these are valid for up to 90 days.

eVisa errors can be reported to the Home Office online here. To ensure anyone with difficulties accessing the technology or understanding the language, elderly or vulnerable are all fully aware of the change and able to access the means to apply for an eVisa, the government freed £4 million to voluntary and community organisations including Migrant Help, Citizens Advice Scotland, the Welsh Refugee Council, and Advice NI. The full list can be found here.

Right to work checks

Right to work checks conducted using the UKVI online service should not be affected by the new eVisa. If in doubt about right to work procedures, be sure to follow the latest Home Office guidance, which is often updated, or seek legal advice. I expect another update to right to work guidance to be published before long.

Before April 2022 manual checks of BRPs sufficed, so for these checks, in order to still have a statutory excuse (the defence against civil penalties for employing an illegal worker), employers should conduct an updated right to work check using a digital share code before the end of the year. This is especially important now that civil penalties for illegal working have been hiked up to £60,000 per employee with Home Office compliance visits ramped up too.

Electronic Travel Authorisations

All nationalities who currently enter the UK without the need for a visa for a business or leisure visit, as a Creative Worker for up to three months, or even just transit the UK en route to another destination will soon need prior permission in the form of an Electronic Travel Authorisation (ETA).

The ETA for so-called non-visa nationals has been trialled for those visiting from Gulf states and it works much like the ESTA for the USA or the ETIAS soon to be required to travel to Europe. It costs £10 and permits multiple journeys for two years or until the holder’s passport expires – whichever is sooner.

The ETA application process opened at the end of last month for non-European nationals who do not require a visa for travel to the UK and will be arriving on or after 8 January 2025. The process extends to non-visa European nationals on 5 March 2025 for visits on or after 2 April 2025. Applications are made through the UK ETA app or an online form.

For more startup news, check out the other articles on the website, and subscribe to the magazine for free. Listen to The Cereal Entrepreneur podcast for more interviews with entrepreneurs and big-hitters in the startup ecosystem.