27 November 2023

The Home Office’s plans to digitalise the UK immigration system will affect millions of people traveling to or already residing in the UK.

The Home Office’s goal is to make its systems “digital by design” and “digital by default” by the end of 2024, according to the Home Office Digital, Data and Technology Strategy 2024. Currently ranking 11th on the UN eGovernment development index, the UK government is working to catch up to countries such as Finland, which is undertaking a trial of the first digital passports.

As a step towards digitalisation, the Home Office now grants eVisas following the approval of certain types of applications, such as when applying via the UK Immigration: Identity Check app (the UK ID check app) and for those submitted by European nationals.

What is an eVisa and how does it work?

An eVisa is a digital status, accessed via an online UK Visas & Immigration (UKVI) account through which an individual can prove their right to work or rent. Unique share codes are generated through the online view and prove service for the individual to share with employers and landlords in order that they may then complete the necessary right to work and rent checks.

Whilst yet to be confirmed, we understand that airlines may also be required to check share codes in the future as part of the check-in process for flights to the UK.

Requirement to create a UKVI account

The many migrants holding immigration permission in the UK with a Biometric Residence Permit (BRP) or Biometric Residence Card (BRC) detailing an expiry date of 31 December 2024, whilst their actual immigration permission may extend beyond this, will be wondering what’s next for them.

BRP and BRC holders without eVisas will likely be required to create an online UKVI account prior to 31 December 2024 in order to be able to access their immigration status digitally. The Home Office is currently trialling the process for select groups, informing them of the requirement to create a UKVI account in decision letters issued following a successful application. We understand the Home Office will also be contacting specific cohorts who already hold immigration permission to advise them in relation to creating a UKVI account.

The full details are yet to be published but we recommend signing up to notifications on the Home Office’s eVisa information webpage for updates as well as contacting your assigned LDI lawyer.

Updating details

Those individuals already holding eVisas must be diligent in ensuring their UKVI account is kept up to date with current contact details and, most importantly, travel documents.

One of the benefits of eVisas is that they should make it quicker and easier to prove one’s status when entering the UK. However, individuals may encounter issues when travelling if their latest travel document is not linked to their current immigration status.

Current and potential future issues with eVisas

In addition to a more efficient process at the UK border, the Home Office proffers the other main benefits of eVisas as security (they cannot be lost, stolen or tampered with) and efficiency within the application process itself. However, there are teething issues to be ironed out before all of these benefits can be realised.

Issues with the Home Office’s IT system have caused significant obstacles in the new digital system, including applications going unacknowledged for weeks due to technical errors, the UK ID Check app failing to recognise biometric chips of passports, difficulties submitting biometric data of young children via the app and (although rare) instances of biometric data going missing entirely.

There are also cohorts of migrants who may be left behind in the Home Office’s digital developments due to the digital divide. Millions of people’s ability to go online has been impacted by the cost of living crisis such as due to needing to cut back on or cancel internet packages. In addition, the use of the UK ID Check app is currently limited to those who have an Android 8.0/iPhone 7 or newer models.

It is also estimated that around 4.4 million people do not have the essential digital skills required for day to day online activities in the UK. Digital literacy is lowest amongst the older population, and there are risks of falling victim to online scams such as fake eVisa websites, to those especially (but not limited to) who have limited online interactions.

Final thoughts

The Home Office is fast developing its use of digitalisation, with the aim of establishing a more user-friendly and efficient immigration system. Whilst the online eVisa system has the potential to increase the efficiency and ease of user access for millions of people, it is unclear whether the Home Office has the digital capacity to effectively deliver on its aims. Whether the Home Office plans to have a safety net for those who are not as digitally connected also remains to be seen.

It seems certain that creating a UKVI account when possible and keeping your digital immigration status up to date will become increasingly important in the coming years to ensure smooth travel across the UK border.

Get in touch

To learn more about the digitalisation of the UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.