Switch to eVisas and the abolition of biometric residence permits
As part of the government’s plans to digitise border control, all visa holders must make the switch from physical immigration documents to eVisas. The deadline for obtaining an eVisa has been extended to 31 March 2025.
eVisas, which will be digitally linked to passports, are an online record of immigration status, allowing people to prove their rights online for travel or proving their right to work. This will prevent damage, loss or theft of documents, as well as removing the need for individuals to wait to collect physical documents before they travel. Switching to an eVisa will not affect an individual’s existing immigration status.
Everyone who currently relies on physical immigration documents such as biometric residence permits (BRPs) must create a UK Visas and Immigration account to gain access to their eVisa. Parents must also set up an account on behalf of their child. While most physical BRPs were set to expire on 31 December 2024, their use will still be accepted for proof of permission to travel until 31 March 2025. This grace period may be extended by the government.
Introduction of an ESTA-style system for visitors
By April 2025, international visitors to the UK who do not require a visa will need an electronic travel authorisation (ETA) to enter the country for business or tourism. The requirement will apply worldwide, including to visitors from the EU, US, Canada and Australia. It will not apply to those with the right to live, work or study in the UK.
An ETA will not give the individual permission to live or work in the UK but will authorise short stays. It is comparable to the electronic system for travel authorisation (ESTA) scheme for international visitors to the US.
Eligible non-European citizens have been able to apply for an ETA since 27 November 2024 and have required an ETA to travel since 8 January 2025. Eligible European citizens can apply for an ETA from 5 March 2025 and will require an ETA to travel from 2 April 2025.
An ETA lasts for two years and there is no limit on the number of times you can travel to the UK, staying for up to six months at a time. ETAs are linked to an individual’s passport, so a new ETA is needed once a passport expires.
Visa applications delayed
As a result of a recent change in service provider and the busy run up to Christmas, a shortage of visa application appointment slots is causing delays in processing applications. In-person appointments at a UK Visa and Citizenship Application Service Point are often necessary for providing biometric information (fingerprints and photo) as well as supporting documents for the visa application. There is currently limited appointment availability across all locations.
Delays are affecting skilled worker, global business mobility, spousal and family member visas, causing delays to work start dates and impacting travel plans. Applications made from overseas are not impacted. Certain applications are eligible for online ID verification, which is not affected.
Payment for fast-track options such as priority processing does not prioritise applicants in obtaining an appointment. Appointments become available up to 30 days in advance and are released daily, so applicants should seek to book a slot at their preferred venue as soon as possible.
Visa ‘processing time’ only starts once a visa appointment is attended, and the current estimated processing time for skilled worker visas and all categories of work visas for overseas employers is eight weeks.
Labour government’s plans
The Labour government is yet to propose any significant changes to business immigration and has opted to retain the heightened restrictions and increased working visa salary thresholds introduced by the previous Conservative government. This includes the 43 per cent minimum salary increase for skilled workers from £26,200 to £38,700.
In an early speech, Yvette Cooper, secretary of state for the Home Department, set the tone for Labour’s priorities for immigration and stated: “This government is clear that net migration must come down. While we will always benefit from international skills and talent, including to keep us globally competitive, immigration must not be used as an alternative to tackling skills shortages and labour market failures here in the UK.”
The Migration Advisory Committee will conduct reviews of key occupations to understand the reasons for their reliance on international recruitment. The reviews, intended to shape Labour’s future policy, will investigate the causes of domestic skills shortages and suggest whether the current business immigration measures require reform. Findings are expected by spring 2025.
Closer relations between the UK and the EU are anticipated under Labour, which could result in a mutual relaxation of business immigration restrictions.
Matt Leon and Rowan Alexander are senior associates in CMS’s employment team
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