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ETAs and eVisas: all you need to know about the digital transformation of UK immigration
The UK is digitalising its immigration system this year. Vanessa Ganguin of Vanessa Ganguin Immigration Law has written this brief guide to two key aspects: the eVisa and Electronic Travel Authorisation (ETA).
Chamber members with physical immigration documents proving their UK immigration status should be aware that from 1 January 2025 these will no longer be valid proof of a right to work, study, rent or travel to the UK. If you have not yet applied for an eVisa to evidence your status, the UK government is urging everyone to start the usually simple process to transition as soon as possible.
The other big development Chamber members should be aware of is that French and other nationals coming to the UK as a visitor who do not currently need a visit visa will have to apply for the new ETA first from 2 April 2025.
Who needs an eVisa?
From 1 January 2025, the only valid proof of UK immigration status for many purposes will be a new online digital proof of status known as an eVisa. The eVisa isn’t compulsory if you already have UK immigration permission and applying is free. The UK Government insists this will be a more secure method to share immigration status digitally with employers, landlords and others. From 1 January 2024 the eVisa will be the valid way to prove your right to work, right to rent and potentially other rights, such as benefits and entering the country. Biometric residence permit (BRP) and biometric residence card (BRC) documents are set to expire by December 31, 2024, even if your permission extends beyond that date.
If you have pre-settled status or settled status under the EU Settlement Scheme, or have used the ‘UK Immigration: ID Check mobile App’ to make an immigration application, you will already have an eVisa. You should not need to do anything now other than keep UK Visas and Immigration (UKVI) updated with your latest passport/national identity card details and contact details.
If you have a BRC and you have been granted status under the EU Settlement Scheme, then you should already have an eVisa and would not need to take any action. There should be details of how to access and use your digital status in the grant letter or email from UKVI. For now, you should continue to carry your BRC when you travel internationally.
If you have British or Irish citizenship you need not do anything either – you can continue to use your passport to evidence your rights. Everyone else is being urged to transition to the new digital system as soon as possible.
How to apply for an eVisa
BRP holders must first create a UK Visas and Immigration (UKVI) account to access the new eVisa on the www.gov.uk/eVisa website. You will need your BRP number or alternatively, the Unique Application Number (UAN) from your last visa application, as well as a valid passport or identity document. You must use the “UK Immigration: ID Check” app on a tablet, smartphone or laptop to confirm your identity with photos of documents and your face, before filling out a short application form to link the UKVI account to an eVisa. You should receive an email just a few days later confirming your digital eVisa is available. It is worth checking it works before travelling outside the UK.
Holders of older legacy paper documents such as ink stamps and visa vignettes will need to first make a free 'No Time Limit' (NTL) application, which can then be used to create a UKVI account. This process is rather longer, with a waiting time of around three months, so we would caution you to apply sooner rather than later.
What HR teams should know about the eVisa
Employers should always check the date employees’ right to work expires and carry out follow up checks where needed. If records show a work visa is valid beyond the expiry of an employee’s BRP on 31 December an employee generally does not need to transition to an eVisa. Though if the right to work check only involved checking the BRP – which was acceptable procedure up to April 2022, a worker should transition to an eVisa so that they can prove their right to work beyond the end of this year.
If you have any questions regarding this or any right to work practices, please do not hesitate to contact us at vanessa(@)vanessaganguin.com.
Support is available for elderly and vulnerable people
The biggest challenge is to ensure that elderly, vulnerable people, all those with difficulties accessing technology or understanding the language are all fully aware of the change and able to access the means to apply for an eVisa. The Government is freeing £4 million to voluntary and community organisations including Migrant Help, Citizens Advice Scotland, the Welsh Refugee Council, and Advice NI to support those who need help. The full list found here will be updated as more organisations are added.
Who needs an Electronic Travel Authorisation (ETA)?
Most nationals require a visitor visa for short trips to the UK such as tourism, visiting family, attending events or business trips. So-called non-visa nationals from countries such as France, other EU nations or Canada, Japan, USA and other nations that don’t need a visitor visa will now need prior permission in the form of an Electronic Travel Authorisation (ETA). They will need one to enter the UK as a visitor, a Creative Worker (for up to three months) or even just for transiting the UK. The ETA will operate much like the ETIAS authorisation that British nationals will soon need for travel to Europe.
Last autumn the first ETA applications opened to Qatari nationals travelling to the UK. The system was then extended to nationals of other Gulf states. The ETA application process will open on 27 November 2024 to non-European nationals who do not require a visa and intend to travel to the UK on or after 8 January 2025.
The ETA application process will then open on 5 March 2025 for French and other European nationals (this includes non-EU nations such as Andorra and San Marino too) who do not require a visa for short stays and intend to travel to the UK on or after 2 April 2025.
You will not require an ETA to travel to the UK if you are settled (eg: EUSS), a British or Irish Citizen, British Overseas Territory Citizen, you already have entry clearance, permission to enter, or permission to stay (such as a Skilled Worker visa, for instance), are exempt from immigration control, or a third country non-visa nationals who lawfully resides in Ireland and are travelling to the UK to visit from somewhere else in the Common Travel Area.
How will the Electronic Travel Authorisation work?
The ETA costs £10, permits multiple journeys and is valid for two years or until the holder’s passport expires – whichever is sooner.
You can apply for the ETA through the UK ETA app, but if you are unable to, you can also fill out an online form. Both can be found here.
There are simple questions to fill in, such as name, date of birth, nationality, previous immigration history and criminal convictions. You will need to provide biometric information, have a valid passport (biometric chipped or not) and answer a short set of questions to assess suitability for travel to the UK.
The Home Office have stated that applicants should receive a decision within three working days, but it may occasionally take longer, presumably in more complex circumstances.
The current ETA rules list reasons applicants must be refused an ETA, such as if they have had previously breached immigration laws (e.g. overstaying, using deception in relation to an immigration application), false representations, and criminality to name a few. If you are refused, you will be required to apply for a visa such as a Visitor visa or a Creative Worker visa if you want to come to the UK.
Vanessa Ganguin is the Managing Partner of Vanessa Ganguin Immigration Law.
If any French Chamber members have any concerns or would like to discuss the impact of any of these developments, please feel free to contact Vanessa for a free chat on +44(0) 207 033 9527 or email vanessa(@)vanessaganguin.com.
Vanessa Ganguin Immigration Law is a leading boutique UK immigration practice, ranked highly in legal directories for reliable advice on all UK immigration and nationality matters for businesses, individuals and family, always with a friendly, partner-led approach. For more information on these and other new immigration routes, or for a free strategic consultation, contact vanessa(@)vanessaganguin.com.