Biometric Residence Permits (BRPs), which are set to expire by December 31, 2024, will be replaced by digital “eVisas.” As BRPs are phased out, individuals with valid immigration status will need to switch to eVisas for easier access to their immigration information. This change is part of the UK government’s ongoing digitisation of immigration documentation.
Transition to eVisas: What You Need to Know
After December 31, 2024, all BRPs will expire. However, having an expired BRP does not necessarily mean that a person’s immigration status is no longer valid. Many individuals may still have leave to remain beyond this date. To continue proving their immigration status, it is essential to apply for an eVisa.
To obtain an eVisa, individuals must set up an online account through the UKVI portal. This digital visa allows you to share your immigration status with third parties such as employers, landlords, and educational institutions. To ensure a smooth transition, we recommend applying for your eVisa before the expiration of your BRP.
Key takeaway: Do not apply for an extension of your BRP if your leave remains valid past December 2024. Instead, register for an eVisa.
Common Issues: Expired BRPs and Valid Leave to Remain
A significant source of confusion arises from having an expired BRP but valid immigration status. Many employers and landlords err on the side of caution, fearing penalties for hiring or renting to someone without lawful status. This has caused issues similar to those seen in the RAMFEL case regarding section 3C leave.
To avoid unnecessary complications, it is highly recommended to apply for your eVisa before your BRP expires. Doing so will ensure you can prove your status to third parties without issue.
Proving Immigration Status After December 2024
The introduction of eVisas raises concerns, particularly for individuals who hold Indefinite Leave to Remain (ILR) on documents issued before BRPs existed. According to the Home Office, those individuals should apply for a No Time Limit application to obtain an eVisa. While older documents (such as ink stamps in passports) may still be accepted in certain situations, the transition to an eVisa is encouraged due to the range of benefits, including easier status checks by employers and landlords.
Home Office Guidance: Those who do not have an eVisa by the end of 2024 can still use existing online services to prove their right to work or rent. However, these processes may be more cumbersome than using an eVisa. It’s crucial to stay updated on any changes to Home Office guidelines as they continue to develop.
Travelling Abroad: BRPs vs. eVisas
One important point to note is that individuals with expired BRPs cannot travel internationally unless they have obtained an eVisa. If you are travelling with an eVisa, ensure your UKVI online account reflects the details of your current travel document. There is currently no clear guidance for international travel for those holding pre-BRP immigration documents.
Conclusion
The transition from BRPs to eVisas may result in complications for many, echoing the issues faced during the EU Settlement Scheme. If you experience any problems with your eVisa or immigration status, it’s important to report these to advocacy groups such as the3million and the Immigration Law Practitioners’ Association (ILPA).
For expert legal guidance, contact our leading London law firm today. Our specialist immigration solicitors and expert immigration team are here to assist you in your leave outside the rules application, ensuring that you navigate the transition from BRPs to eVisas smoothly. Whether you’re seeking advice on proving your immigration status or applying for an eVisa, we are here to help.
FAQs
1. What happens if my BRP expires in December 2024?
When your BRP expires, your immigration status will remain valid if you still have leave to remain. You will need to switch to an eVisa to prove your status to employers and landlords.
2. Can I travel with an expired BRP?
No, you cannot travel internationally with an expired BRP. You will need to apply for an eVisa to continue travelling abroad.
3. How do I apply for an eVisa?
You can apply for an eVisa by registering online through the UKVI portal. Our expert immigration solicitors can guide you through the process to ensure it is done correctly.
4. What happens if I don’t get an eVisa before my BRP expires?
While your immigration status remains valid, you may encounter difficulties proving it to employers or landlords. We recommend applying for an eVisa before your BRP expires to avoid complications.
5. Can I use my old immigration documents after 2024?
In some cases, older documents such as ink stamps in passports may still be accepted. However, the Home Office encourages transitioning to an eVisa due to the benefits it provides.
For any further questions or legal support, reach out to our specialist immigration team today!