UK Immigration: eVisas and digitalisation
UK Immigration: eVisas and digitalisation
Thursday 19 December 2024
eVisas and digitalisation
The Home Office’s replacement of physical immigration documents with digital immigration status (eVisas) intends to render the border process more efficient, reduce the risk of tampering and put eVisa holders in control of their own data as well as enabling them to share their UK immigration status more easily.
All individuals who hold UK immigration permission are required to apply for an eVisa as soon as possible, to evidence their immigration permission digitally from 1 January 2025 onwards (although note the section on transitional measures for travel below).
This includes all holders of Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs), which are due to expire on or before 31 December 2024.
Individuals can undertake the simple procedure to apply for their eVisas via the relevant GOV.UK page, available here. The Home Office guidance page on eVisas contains further useful details.
The Home Office has also released helpful videos which demonstrate how to apply for an eVisa, available here.
Individuals who hold indefinite leave to remain in the UK evidenced with a legacy document (such as a stamp in a passport or a vignette sticker) should make a ‘no time limit’ (NTL) application to receive their eVisa.
Transitional measures for overseas travel
On 4 December the Home Office announced transitional measures to ease the transition to eVisas from 1 January 2025, due to concerns about technical complications and travel accessibility.
Under these new measures, airlines and other carriers will be able to accept biometric residence permits (BRPs) and EU Settlement Scheme biometric residence cards (BRCs) expiring on 31 December 2024 as evidence of permission to travel to the UK, provisionally until 31 March 2025. This measure should provide some reassurance for migrants travelling over the festive period.
Nevertheless, migrants should create an eVisa account now if they have not already done so. Additionally, anyone with indefinite leave to remain who uses an ink stamp or vignette in a passport to prove their rights can continue to use their documents as they do today, including for travel. These people are also encouraged to make a No Time Limit application to access an eVisa as soon as possible.
Important steps to facilitate travel
To avoid delays or issues during travel, we strongly recommend that migrants take the following steps:
- Create a UKVI account and set up access to your eVisa if you still need to do so.
- Check that your details listed on your UKVI account are correct and up to date and ensure that your current passport/travel document is linked to your account. Also, update the details on your UKVI account if any of the following have changed:
- mobile phone number
- email address
- name
- identity documents, such as your passport or national identity card
- home address
- postal address
- Report an error to UKVI if your details, such as your name, immigration status, or photo, are wrong on your eVisa.
- If you have one, travel with your biometric residence permit (BRP) or biometric residence card (BRC). Carriers have been instructed to accept these expired documents until 31 March 2025 to facilitate smooth travel to the UK. If you encounter difficulties boarding a flight, carriers should call the 24/7 Home Office support hub to confirm a passenger’s immigration status.
- Create a ‘View and Prove’ share code to give third-party access to your UK immigration permission. The airline/carrier for your journey to the UK may request this before permitting you to travel. This share code will be valid for 90 days from the creation date.
- Carry a copy of your approval email or letter from the Home Office, confirming that you have been granted UK immigration permission, and a copy of your eVisa profile page for your personal records.
How to apply for digital immigration status (eVisa)
Who needs to apply for an eVisa?
- Holders of UK immigration permission are required to apply for digital immigration status – eVisas – by 31 December 2024, in order to evidence their immigration permission and right to work and rent in the UK digitally from 1 January 2025 onwards.
- Anyone who has been granted immigration permission who does not already have an eVisa is now able to apply for one.
- Once you have been granted access to your eVisa, you can prove your immigration status in the UK, for example to an employer or landlord, by using the view and prove service.
- If you already have a UK Visas and Immigration (UKVI) online account and eVisa, you should not need to apply again. However, you still need to ensure that your UKVI account remains up to date (see details below).
How to obtain an eVisa
The eVisa application process is free of charge. You will require:
- access to a smartphone
- a mobile phone number
- an email address
- your valid passport
- your visa application number – this is a global web form (GWF) number or unique application number (UAN).
There are five steps involved in the eVisa process:
STEP 1: Create a UKVI account
- access the link to create a UKVI account at https://www.gov.uk/get-access-evisa and select ‘Start now’.
- when the form asks ‘Which identity document are you using?’, select ‘Passport’.
- provide your personal details, current passport details, visa application number and contact details, as directed by the form.
STEP 2: Link eVisa to the account
- once your UKVI account has been created, proceed to sign into your account using your passport number, date of birth and a security code sent to your email address or phone number.
- when you have signed in to your account, an option should appear on the account to link your eVisa to the account.
- the eVisa linking option may take several days to appear. If it does not appear immediately, you should log out of your UKVI account and re-access this page at a later date.
STEP 3: Complete identity check
- download the UK Immigration: ID Check App to a smartphone and connect your UKVI account to the App. You can choose to connect to the App either by scanning a QR code with your smartphone or entering a unique connection code.
- upload a digital photo, a scan of your face and a photo of your passport as directed by the App.
STEP 4: Complete eVisa application form and view eVisa
- once the ID check has been undertaken, complete the eVisa application form on your UKVI account, including providing your contact preferences and completing your security questions and a declaration. You should receive an email confirming that your eVisa application has been submitted, and later, an email confirming that your eVisa is ready to view. This notification may take several days to arrive.
- once ready to view, you can access your eVisa on the view and prove service. It is essential to check that the details on the eVisa are accurate.
STEP 5: Future eVisa access
- once your UKVI account and eVisa have been created, you can share your status (for example, with an employer or landlord) via the Home Office’s online view and prove service.
- you should safely retain a copy of your passport used for logging into the account, as well as any immigration application reference numbers, in case your document is lost, stolen or returned to the authorities.
Keeping your UKVI account up to date
Each time you re-enter the UK, you must re-enter using the passport linked to your UKVI account. If you change your passport (for example, if it expires) you must update your UKVI account with your new passport details via this link to enable your status to be accessed when presenting this document for travel in the future. You can also use this link to update your personal details in your UKVI account. Should you notice any errors on your eVisa record, you may report these to the Home Office at the following link.
Further guidance
General guidance on eVisas can be found on GOV.UK at this link. The Home Office has also produced a video to guide applicants through the eVisa process, available here.
Any issues?
Please contact your HR department, or the Home Office’s helpline on +44 300 790 6268 (select option 3) or +44 203 875 4669 for assistance.
Our legal fees
Fixed fees
We work on a fixed fee basis. Our fees for assistance with individual UKVI account set-up typically range between £500 to £750 plus VAT depending on urgency and complexity involved.
Registration Period Open for the DV-2026 Green Card Lottery
Registration Period Open for the DV-2026 Green Card Lottery
Thursday 3 October 2024
Update
Last year was the first time since the program’s inception that UK-born persons were eligible to register for the US Diversity Visa Lottery. UK born citizens are eligible again this year for the DV-2026 Program.
For fiscal year 2026, up to 55,000 diversity visas will be available. To apply, applicants must submit their entry electronically at dvprogram.state.gov during the registration period. The registration period began yesterday, October 2, 2024, at 12:00 PM, Eastern Daylight Time (EDT) and concludes on Tuesday, November 5, 2024, at 12:00 PM, Eastern Standard Time (EST). Applicants may submit only one application per person; duplicate entries will disqualify the applicant.
Overview
The Diversity Visa Program aims to increase diversity in the US immigrant population by selecting immigrants from countries with historically low rates of immigration to the US. Specifically, the Department of State distributes diversity visas among six geographic regions, and no one country may be issued more than seven percent of the available diversity visas (“DVs”) in any one year.
Each year, the DV Program makes up to 55,000 DVs available for individuals from underrepresented countries, which means countries from which less than 50,000 natives immigrated to the US in the previous five years. Applicants must meet simple, but strict, eligibility requirements to qualify. Namely, in addition to being born in a country with low rates of immigration to the US, applicants must have at least a high school education or its equivalent or have two years of work experience within the past five years in an occupation that requires at least two years of training or experience. Registration is free and the Department of State makes selections through a randomized computer drawing. Selected candidates can apply for an immigrant visa. They may enter the US and get a permanent resident card, also known as a Green Card, to permanently live and work. This opportunity opens the door for individuals with nonimmigrant visas and those who are not eligible for nonimmigrant visas to pursue an easier path to US permanent residency.
Visit Diversity Visa Program site for the official application instructions, and contact your Laura Devine Immigration attorney or enquiries@lauradevine.com for further guidance.
Christi Jackson
Partner and Head of US Practice
The Times Best Law Firms 2022
The Times Best Law Firms 2022
Commended for Immigration
Laura Devine Immigration, which has bases in London and New York, provides individuals, families and businesses with advice on UK and US immigration and nationality law, as well as the implications of Brexit.
Read the full review in the The Times
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UK immigration update - Statement of Changes
UK immigration update - Statement of Changes
4 March 2021
The Home Office has published a Statement of Changes today, paving the way for a new Graduate visa route starting from 1 July 2021 as well as introducing changes to many of the existing routes, including Skilled Worker, Innovator, Global Talent and the EUSS which will be scattered from 6 April to 1 July 2021 (see below for further details).
New Graduate Route
A new Graduate visa route, akin to the previously popular and subsequently scrapped Tier 1 (Post-Study Work) scheme, will be introduced from 9am 1 July 2021 allowing international graduates an additional two-year period (three years for those finishing a Doctorate) following their studies to look for suitable employment at any skill and salary level, without the need for official sponsorship from an employer.
Students will be required to meet the following conditions, amongst others, to qualify for leave under this route:
- to have successfully completed the course of study undertaken during their most recent grant of permission as a Student (which includes Tier 4);
- the course must have led to the award of a degree at UK bachelor’s or postgraduate level, or a professional course requiring study at UK bachelor’s degree level or above, in a profession with reserved activities that is regulated by UK law or UK public authority;
- for applicants with course duration of 12 months or less, the whole of the course must have been studied in the UK. Those on courses lasting longer than 12 months will need to have been granted permission for at least 12 months on the Student route and have spent that time studying in the UK (with an exception for absences due to Covid which would potentially not affect this requirement).
This is no doubt welcome news to international students and immigration lawyers alike, who for years have been calling on the Government to allow international students the opportunity to develop their careers in the UK following their hard-earned degrees, especially as it has taken nearly a decade for this to happen.
Skilled Worker
There are two main updates to the Skilled Worker route coming into effect from 6 April 2021.
Minimum salary
The Rules now make it clear that in addition to meeting the annual salary of £25,600, migrants must also be paid a minimum hourly rate of £10.10 to ensure that employers are not extending migrants’ hours in order to meet the annual salary level.
In addition, employers looking to move workers to a lower salary threshold (for example because they have completed a PhD) would now be required to submit a fresh application.
Expansion of the Shortage Occupation List
In another welcome, if slightly mistimed move, the Home Office is expanding the Shortage Occupation List to include the following:
- health services and public health managers and directors;
- residential, day and domiciliary care managers and proprietors;
- pharmacists;
- health professionals not elsewhere classified;
- physiotherapists;
- laboratory technicians (including those not in the health and care sectors);
- Nursing auxiliaries; and
- Senior care workers
Innovator
From 6 April 2021, a requirement is being introduced that an applicant must be the ‘sole founder or an instrumental member of the founding team of the business’ for which they have been endorsed.
Global Talent
An amendment is being made from 5 May 2021 allowing applicants who have won certain ‘prestigious’ prizes to apply without having to secure an endorsement from an official endorsing body. The list of acceptable prizes will be detailed in Appendix Global Talent: Prestigious Prizes and will include the Nobel Prize, the Oscars, BAFTAs and Golden Globes, amongst others.
Hong Kong (BNO) route
From 6 April 2021 migrants in this category will be allowed to request to have their ‘No recourse to public funds’ condition removed from their leave, if they show that they are or are at imminent risk of becoming destitute.
EU Settlement Scheme (EUSS)
Now that the Brexit transition period is over, some technical changes are coming into effect from 6 April 2021 to allow the Home Office to refuse applications where there are issues with the applicant’s conduct, for example a criminal conviction committed from 1 January 2021.
There are also technical changes being made to various definitions within Appendix EU.
In addition, individuals applying under the EUSS as the dependant parent of an EU or Swiss citizen (or their spouse/civil partner) will now have to actively submit evidence of their financial dependency – this will no longer be assumed. This change will only apply to applicants who had not entered the UK prior to the end of the transition period and who apply after 30 June 2021.
Youth Mobility Scheme
The Youth Mobility Scheme allocations for 2021 will be as follows:
- Australia – 30,000 places;
- New Zealand – 13,000 places;
- Canada – 6,000 places;
- Japan – 1,500 places;
- Monaco – 1,000 places;
- Taiwan – 1,000 places;
- Hong Kong – 1,000 places;
- South Korea – 1,000 places;
- San Marino – 1,000 places.
For further information on other changes to UK immigration law contact your assigned LDI lawyer or enquiries@lauradevine.com.
Changes at Laura Devine Attorneys LLC
Changes at Laura Devine Attorneys LLC
7 December 2020
I am delighted to announce that Jenny Stevens has been appointed as the Managing Partner of Laura Devine Associates LLC. Jenny, who is looking forward to taking up the reins of her new role, is perfectly placed to manage the New York firm, having initially joined Laura Devine Immigration’s London office in 2004, and then moving to New York in 2010. Jenny who is an English solicitor as well as a registered foreign legal consultant in New York, is recognised as a leading immigration lawyer in legal directories. She is actively involved in the Immigration Law Practitioners’ Association, the American Bar Association, New York City Bar Association and British American Business.
Jennifer Stevens
Managing Partner
Proclamation Suspending Entry of Aliens
Proclamation Suspending Entry of Aliens
23 June 2020
The White House has announced a suspension of permission to enter the United States for foreign workers across a number of nonimmigrant visa categories and extended an existing ban on certain immigrant visas. This latest Presidential Proclamation, signed by President Trump on June 22, 2020 extends and expands upon the previous proclamation issued on April 22, 2020.
When does the Proclamation take effect?
The extension of the April 22, 2020 immigrant visa order is effective immediately. The remainder of the proclamation goes into effect at 12:01am on 24 June 2020 and will be reviewed in 30 and then every 60 days thereafter. The entire order is scheduled to expire on December 31, 2020, but may be rescinded, modified or extended prior to its expiration.
Which categories are affected?
The Proclamation extends the suspension of immigrant visa services detailed in our previous update. It also applies to L, H-1B, H-2B, and some J-1 nonimmigrants and their dependents who are outside the US on June 24, 2020, and who have not already been issued a visa or travel document. Individuals who are outside the US but have already been issued a nonimmigrant visa in these categories are not included in this ban. It is unclear whether individuals who are outside the US and who already have a visa in another category will be affected. Similarly, it is unclear how this new order affects those currently in the United States who hold valid status in one of the affected categories; such individuals should not travel outside the United States until clarification in issued regarding their ability to re-enter the US.
The Proclamation does not limit or suspend the approval of H-1B or L-1 petitions, including those filed with a change or extension of status with United States Citizenship and Immigration Services (USCIS). However, while petitions may be approved by USCIS, affected beneficiaries will not be issued visas or able to enter the United States in H-1B or L-1 status until the expiry or rescission of the Proclamation.
COVID-19 travel ban
This latest Proclamation does not supersede the country and regional bans on entry related to COVID-19. Individuals may not enter the United States if they have been in banned country within a prior 14-day period. These countries include China, Brazil Iran, the Republic of Ireland, the United Kingdom, and countries within the Schengen Area.
The COVID-19 travel bans are in effect until lifted, and accordingly may continue after December 31, 2020 or they may be individually lifted as COVID-19 country conditions improve. As a result, the Proclamation may not have a significant impact on the travel plans of individuals seeking entry to the United States from the countries affected by the COVID-19 travel ban.
Who is exempt from the Executive Order?
As mentioned above, the order excludes from entry to the U.S. those who are outside the US on June 24, 2020 and who do not have a valid visa. Those currently in the United States are not affected by the Proclamation. Additionally, the Proclamation exempts:
- Lawful Permanent Residents of the United States (green card holders);
- Spouses and children of US citizens;
- Those who hold valid Advanced Parole; and
- Those seeking temporary entry to the US to provide services essential to the food supply chain.
Further, the order provides for exceptions to those individuals working in the fields of defence, law enforcement, diplomacy, national security, medical care and research, and those deemed necessary for economic recovery.
Additional resources
For additional guidance on other COVID-19 US immigration issues, please see our comprehensive FAQs.
Get in touch
For any UK or US immigration queries following the COVID-19 outbreak, or further information on recent and forthcoming changes to UK and US immigration law, contact your assigned LDA lawyer or email enquiries@lauradevine.com.
Monday 27 April 2020 – webinar with St George’s Society, New York
Monday 27 April 2020 – webinar with St George’s Society, New York
The lawyers of Laura Devine Attorneys will be providing a webinar on US & UK immigration in the age of Covid-19. Please join us for an interactive and practical discussion on the impact of COVID-19 on mobility to the US & UK with a focus on ESTA, work visas, green cards, US and UK citizenship.
Click here for further information.
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Brexit: UK Immigration Survival Guide
Brexit: UK Immigration Survival Guide
31 January 2020
Today, at 11pm, the UK will leave the EU, 3.5 years after the referendum on the UK’s membership of the EU. With the UK out of the single market, what are the steps that EEA nationals, their family members and UK employers can take to survive the short-term and long-term effects of Brexit on the UK immigration landscape?
Current position
EEA nationals and their family members have an automatic right to reside in the UK until free movement ends, subject to satisfying the relevant provisions of the Immigration (European Economic Area) Regulations 2016 (‘EEA Regulations 2016’). Their right to reside in the UK is not dependent on possession of any form of documentation evidencing this right.
The European Union Settlement Scheme (‘EUSS’) opened to applicants on 30 March 2019, allowing all EEA nationals and their family members who enter the UK before 1 January 2021 to apply for ‘settled’ or ‘pre-settled’ status to protect their right to reside, work and rent property in the UK. Applications to the EUSS are open until 30 June 2021.
The residence of any EEA national and/or family members who do not qualify for status under the EUSS and do not hold any other form of immigration permission under UK domestic law may be at risk of becoming unlawful from 1 January 2021. To avoid this risk and any resulting sanctions, EEA families and UK employers should consider taking the following steps if they have not already done so:
1. Analyse workforce composition
Employers should keep an internal HR record of all EEA staff and non-EEA staff who are residing in the UK as the family member of an EEA migrant. Where possible, the HR record should detail whether these staff currently hold any documentation under the EEA Regulations 2016 (such as a permanent residence certificate) and/or whether they have applied for and have been granted UK immigration status under the EUSS.
2. Make a note of deadlines
From a UK immigration perspective, perhaps the most immediate impact of the UK’s withdrawal from the EU with a deal is that free movement will end on 31 December 2020. This is the deadline for EEA nationals to be resident in the UK to qualify for immigration status under the EUSS. Whilst the deadline to apply under the EUSS is 30 June 2021, the best practice for those wishing to continue residing in the UK is to make an application as soon as possible.
Whilst 31 December 2020 is also the deadline to apply for documentation under the EEA Regulations 2016, generally individuals should not make applications of this type unless they will be immediately eligible for British citizenship following approval. If this is the case, due to the comparatively lengthy processing times, employers should try to ensure that all applications are made as soon as possible and ideally no later than 31 March 2020. This should allow time for the individual to subsequently apply for British citizenship prior to the end of free movement, if they wish to.
3. Pick the appropriate course of action
Given the complex nature of immigration rules, it may be advisable to obtain legal advice on the appropriate course of action for each individual staff member, particularly for multinational companies with a large workforce or for individuals who possess complex UK immigration or residence histories.
This advice would be particularly helpful to inform whether an individual may be immediately eligible for British citizenship following an application under the EEA Regulations 2016 or if s/he should instead apply under the EUSS to confirm their status in the UK.
4. Support and organisation
Employers should ensure that their EEA staff have access to the EUSS app so they can complete the identity checks. Employers should assist with the accessibility and provision of employment records, such as copies of employment contracts, P60s, previous pay slips or a letter of support, which may be required by staff when making the relevant application.
As overseas travel of more than six months in any 12-month period can affect eligibility for settled status under the EUSS, employers should bear this limit in mind when requesting overseas work trips, or secondments for EEA staff prior to an application being made.
5. Think long-term
The UK plans to introduce a new immigration system from January 2021. Currently, the total fees for a skilled worker from entry to permanent status in the UK could total approximately £11,000 over a five year period. Considering that applications under the EUSS are free, it would be advisable to consider accelerating future plans to employ EEA nationals in the UK where possible and to support them with information and guidance regarding the EUSS.
Finally, it is anticipated that the government will make detailed announcements on the shape of the new UK immigration system in Spring 2020. Employers should be alert to these and all other future government announcements so that they can take any required steps to legally maintain the employment of their current EEA staff and, significantly, to ensure business plans are in place to enable the mobilisation and recruitment of EEA nationals from January 2021 onwards.
Laura Devine
Managing Partner
Malini Skandachanmugarasan
Senior Solicitor, Head of Appeals and Human Rights
Malini Skandachanmugarasan speaks about boxing champion in immigration limbo
Malini Skandachanmugarasan speaks about boxing champion in immigration limbo
10 May 2019
Head of LDS’ Appeals and Human Rights team, Malini Skandachanmugarasan, speaks on the Vanessa Feltz breakfast show about detained 31 year old amateur boxing champion, Kelvin Bilal Fawaz, who has been trying to establish his nationality since the period of discretionary leave he was granted as a child expired when he turned 18.
Listen to the discussion on the BBC Radio London website. Skip to 07:18 for comments.
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Step by step guide to submitting an in-country leave to remain application
Step by step guide to submitting an in-country leave to remain application
2 May 2019
In November 2018, the process of submitting applications for leave to remain in the UK was overhauled. Under the new service, applicants are required to submit applications online, upload supporting documents and attend an appointment at a service point to enrol their biometrics.
A step by step guide to submitting an in-country application created by Zeena Luchowa and Ludovica Bello provides guidance on the new process here.