UK immigration update: eVisas, ETA and the digital immigration system

At a glance

• From 1 January 2025, the UK Home Office will be transitioning towards a fully digitalised immigration system. Physical visa documents, such as stamps and cards will no longer be required to evidence permission to enter, live and work in the UK. Instead, permission will be held and evidenced via an online record, in the form of an eVisa or the Electronic Travel Authorisation (ETA) scheme.
• As of 6 August 2024, all individuals who hold a Biometric Residence Permit can now apply for an eVisa. Once fully transitioned, eVisas will reduce the need to examine traveller documentation, facilitating quicker entry to the UK.
• By April 2025, all non-British and Irish visitors who do not require a visa will require an ETA to travel to the UK.

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What is an eVisa?

An eVisa is a digital record of a person’s UK immigration status, which may have previously been evidenced on a physical visa document such as a Biometric Residence Permit (BRP). An eVisa is linked only to the holder’s passport.

eVisas can currently be accessed by the individual creating a UKVI account and verifying their identity via an app, rather than having to attend an in-person biometric appointment. The eVisa can be linked to several different documents including the persons current BRP or their passport. After the 31 December this year, all eVisas will need be linked to the person’s passport.

Using the eVisa allows the Home Office to keep stronger up to date digital records of non-UK nationals in the country. The use of UKVI accounts allows individuals to update their personal information including their contact details, identity documents should they change, addresses and change of appearance. Helpers such as legal advisers can also have access to these accounts.

Due to this change in system, the current right to work process will also be impacted. Providing a share code to carry out online right to work checks, will become the most prominent method of checking a worker’s right to work.

eVisas and travel

The Home Office’s intention is that eVisas will remove the need to examine manual documents on entry, as this likely to widen the use of eGates, which will facilitate quicker entry to the UK.

Benefits of digital status include:

• no need to wait to receive, or to pick up, a hard copy document on successful grant of status following an application;
• amending mistakes in the issuing of visas should be quicker, and
• removing reliance on physical visa documents also removes the possibility of losing these and additional admin/delay incurred with replacements.

One other beneficial feature is that certain government departments will be able to access a person’s eVisa via an Application Programming Interface to check that they are eligible for relevant services, such as healthcare, a driving licence or benefits.

Individuals should continue to carry any valid BRPs for travel until the end of 2024.

Electronic Travel Authorisation

Initially launched in November 2023, the government’s ETA scheme is being phased in as part of the digitalisation of the UK border. An ETA is a digital travel permission for visitors who do not normally need a visa for short stay in the UK, or who do not already hold UK immigration status.

The ETA has already been rolled out to Gulf Cooperation Council visits and is now expected to open to eligible non-European visitors from 27 November 2024. The ETA will become a mandatory requirement for these visitors from 8 January 2025.

Eligible European nationals will be able to apply for the ETA from 5 March 2025, with a mandatory requirement from 2 April 2025.

Electronic Travel Authorisation is an alternative to a visa that can be used if:

• you are coming to the UK for a maximum or six months to visit family and friends, for business or short-term study;
• you are coming to the UK for a maximum of three months on the creative worker visa concession;
• you are coming to the UK for a permitted paid engagement; or
• you are transiting through the UK.

The current UK immigration rules for visitors will continue to apply, including the prohibition on taking up UK employment and residency in the UK through successive and frequent visits.

As with an eVisa, the ETA will be linked to the individual’s passport and can be applied for in advance of travel, using the UK ETA app or an online form.  An ETA costs GBP10 and permits multiple journeys to the UK, over a two-year validity period, or until the individual’s passport expires, whichever date is sooner.

This new introduction is part of the Home Office’s attempt to strengthen border security and is another consequence of post-Brexit travel. The ETA is similar to the US ESTA scheme, and the EU ETIAS (expected to launch in the first half of 2025).

Impact for employers

The rollout of the digital immigration system is likely to create an additional burden to employers, who will need to take steps to ensure that any business visitors have complied with the necessary requirements of the ETA and eVisas.

For ETAs, we recommend planning in advance, as we expect teething issues, which can result in a delay at the border.

Employers should also ensure that employees eligible for eVisas have updated their UKVI online accounts with updated travel documents. The UKVI accounts must be kept up to date; any errors should be rectified prior to travel.

If you have any queries in relation to topics raised within this article, or UK immigration-related obligations generally, our immigration team would be pleased to discuss these with you.