eVisa Transition Deadline & Biometric Resident Permits Visas Explained

As we reported in our June newsletter, the rollout of eVisas has been underway since April this year. All physical Biometric Resident Permits (BRPs) expire on 31 December 2024 and even though the immigration status of visa holders will remain unchanged after that date, it is essential, in particular for travel purposes, to transition to an eVisa before then.

The eVisa system will serve as digital proof of your immigration status, accessible through your own secure online account. This move aims to modernize immigration, offering benefits like security, real-time access, and protection against fraud and is in line with international trends towards digital immigration records.

The process is meant to be straightforward. You firstly need to create your own UK Visas and Immigration account online either with your passport or BRP and you can then apply from within that account for access to your eVisa. The process involves proving your identity online and once complete, you are able to view the details of your eVisa online including your type of permission, expiry date and conditions of stay in the UK. You will then be able to share information about your immigration status and conditions as necessary to prove your right to work or rent in the UK using the view and prove service. 

There have been problems and challenges. The system is glitchy. Critics have pointed out that the term “eVisa” is misleading, as users won’t receive a digital visa but will need to generate a new online status each time. This will clearly be difficult for those with limited access to the Internet. Although the government has funded several organisations to help vulnerable groups with the transition, there is a real risk that many people with valid leave to remain in the UK will have difficulties proving their immigration status on an ongoing basis. 

Please do contact us if you have any problems when setting up your UKVI online account or accessing your eVisa.  

Self-sponsorship visas

The so-called Self-Sponsorship visa route has become increasingly popular since the Home Office relaxed their rules allowing those who hold shares in a UK company to be sponsored or obtain a visa via that company. Under the Skilled Worker Visa’s predecessor route, Tier 2 (General), there was a cap of 10% shareholding on sponsored workers. Under the Expansion Worker Visa’s predecessor route, the ‘Representative of an Overseas Business’, the representative was not permitted to be a majority shareholder or otherwise have majority control in the business. There is now no cap in shareholding appearing in either the Skilled Worker or Expansion Worker routes.

It is important to note that the self-sponsorship route is not an official visa route. It simply describes a process whereby you can set up your own company in the UK, then apply for a Sponsor Licence under the Skilled Worker category and then sponsor yourself as the sole owner or majority owner of that newly established UK company for a skilled worker visa.

One slight hitch is the fact that the Home Office have recently been refusing sponsor licence applications on the basis that they involve a “self-sponsorship” situation. They have become concerned that some individuals are setting up businesses purely to facilitate their and their family’s entry to the UK rather than to bring any economic benefit to the UK. This applies in particular to high-net-worth individuals, who do not intend to undertake significant work in the UK and who previously would have applied under the now-closed Investor route. They are also concerned that this route is being used as a way of avoiding the more onerous requirements of the Innovator and Expansion Worker visa routes.

To ensure success with self-sponsorship, it is therefore extremely important to be able to show (i) a clear need for the company’s goods and/or services in the UK and, (ii) that in order for the company to deliver those goods/services there is a genuine need for the sole or majority owner to be able to obtain immigration permission to work in the UK to enable them to drive the business forward.

There is no minimum period for which a UK business must have been trading before it can apply for a sponsor licence. However, the longer the period of trading, the less scrutiny the Home Office are likely to apply when assessing whether it is a genuine business. As part of the licence application, there are also certain specified documents that need to be provided such as proof of a business bank account and HMRC registration, so again the longer you have been trading, the more likely that these documents will be available.