Important eVisa Changes from 27 March 2025
The UK immigration system is in transition from physical documents to prove immigration status (such as biometric residence cards and permits) to a digitised immigration system.
On 1 November 2024, the Home Office stopped issuing physical biometric residence permits and instead provided foreign nationals with online evidence of their immigration status through eVisas.
What are the changes?
Important changes are being made to eVisas as from 27 March 2025. The Immigration (Biometric Information Etc.) (Amendment) Regulations 2025 came into force on 27 March.
Regulations 14 and 15 remove the requirement for people applying inside and outside the UK to apply for a biometric immigration document when granted over six months’ leave. Anyone applying for entry clearance permission or immigration permission will have to register for a UKVI customer account to receive an eVisa. This does not apply to individuals who apply for an Electronic Travel Authorisation (ETA) or holders of legacy immigration documents such as a visa or passport endorsement and people granted permission under the EU Settlement Scheme.
The Regulations provide power to Border Force to capture biometric information (facial images and fingerprints) at the border from all UK arrivals except British citizens. There is a new power to refuse or cancel immigration permission if a traveller to the UK (except British or Irish citizens) does not comply.
Sanctions for failure to comply with Regulations
Under Regulation 21, people will have 18 months from the expiry of their biometric residence permit to set up their eVisa before facing sanctions which could include cancellation of their leave to remain in the UK. Previously people had three months from cancellation or expiry of their biometric residence permit to get a replacement.
Those over 70 years old who have an expired biometric residence permit are encouraged but not required to create an eVisa account and will not be sanctioned for failure to do so.
Regulation 20 provides that people who are 16 years and older will be required to update their facial photograph at least once every 10 years until they reach 70. Children under 16 must update their photo every five years.
Regulation 22 introduces a new sanction for those who have not complied with requirements under the Immigration (Biometric Registration) Regulations 2008. The Secretary of State will be able to block a person from generating a share code (used to prove immigration status for the right to work or rent) until they comply with the Regulations. The Secretary of State must issue a notification to the person ahead of issuing a sanction. Where the person fails to upload their facial image, the Secretary of State will need to be satisfied that the person had a reasonable opportunity to comply with this requirement of the 2008 Regulations, before preventing them from being able to generate a share code.
Blake Morgan’s immigration lawyers assist organisations on all aspects of immigration, from advising on right to work and sponsorship compliance issues, through to assisting with strategic planning of the workforce mobility and the changes to eVisas. If you need legal advice, contact Lisa Parsons.
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