Immigration lawyer issues travel advice for entry to UK with new eVisa
People who need eVisas to prove their right to live and work in the United Kingdom are being urged to ensure they can demonstrate their immigration permission when they return to the country.
Physical immigration documents such as Biometric Residence Permits (BRPs) and EU Settlement Scheme Biometric Residence Cards (EUSS BRCs) are no longer valid for travel, with the UK’s new eVisa system now in effect.
Airlines may not allow passengers to board for journeys back into the UK if they do not have necessary paperwork.
In some cases, failure to obtain an eVisa could lead to a person’s immigration status being cancelled.
Immigration lawyer Gurjit Pall, a Glasgow-based Partner at independent Scottish legal firm Lindsays, believes these are changes that not all travellers will yet be aware of.
He said: “It is strongly recommended that travellers ensure their eVisa details are accurate and up to date before travelling. Additionally, travellers will need to ensure they have access to their eVisa and have the relevant share code from their UK Visas and Immigration (UKVI) account. This share code, which is valid for 90 days, allows airlines and Border Force officers to check a traveller’s immigration status when entering the UK.
“Travellers must ensure that their current passport or travel document is linked to their UKVI account and that personal details are correct and up to date. Carriers, such as airlines, will be able to check the traveller’s immigration status using their passport, but it is also advisable to create a share code before travelling and carry it as proof of valid permission to enter the UK.
“The UK Government has informed airlines that they could face fines if they allow people to travel without the necessary immigration documents, including the eVisa. As a result, airlines will take extra caution and may deny boarding if the required paperwork is not in order.”
What happens if I do not switch to an eVisa?
Lindsays lawyers advise that failure for those required to either switch from a BRP to an eVisa within the required timeframe, or to update their facial image every 10 years could result in a number of sanctions, including - but not limited to - the individual’s immigration status being cancelled or varied by curtailment, their application being refused, civil penalties of up to £1,000, and in certain cases, they may be prevented from creating a share code which would prevent them from proving their right to work in the UK.
In some cases, individuals holding legacy paper documents may be unable to access the eVisa system and are advised to apply for a No Time Limit (NTL) application.
How do I obtain an eVisa?
To obtain an eVisa, people must create a UKVI account, which will need to be linked to passports.
The eVisa is an online record of a person’s immigration status and the condition of their permission to enter or stay in the UK.
Where someone under the age of 18 is unable to create or manage their own account, a parent or guardian should do this on their behalf.
UK employers have had to check non-British and non-Irish nationals’ right to work using a digital platform since April 2022.
What do I do if I run into difficulties?
The Home Office Resolution Centre is the first point of contact for anyone who runs into difficulties. There is also an eVisa Webchat service.
Increasing demand for immigration advice
Lindsays recently expanded its services to provide people and businesses with advice on immigration issues, with Mr Pall joining the firm to spearhead it.
The new offering comes in response to growing demand for expert guidance in the increasingly complex area of UK immigration law.
It complements the firm’s existing employment and personal legal services, with a focus on helping people who wish to live, work, start a business or study in the UK, as well as those looking to bring family members to the UK, extend their stay, or apply for British citizenship.
Since Brexit, Lindsays has seen a steady rise in demand for immigration advice across various visa routes, including skilled worker visas, global talent visas, individuals with UK ancestry and applications for those seeking to reunite with partners or family members in the UK.
In the wake of these changes, the number of employers seeking immigration support has surged, with all employers wishing to sponsor staff from overseas now required to hold a sponsor licence from the UK Home Office.
Employers must also conduct Right to Work checks for all individuals employed and, where appropriate, before the employee’s temporary visa expires.