Last updated: 26 November 2024
The Home Office is changing to a digital immigration system from 31 December 2024 onwards. This means you will have to show your immigration status digitally (this means online) using an eVisa, instead of using a physical document. To read more about this system, read our legal update blog here.
There are lots of problems with the ways in which this change has been implemented, and concerns about how people who do not have access to the internet or a smartphone will manage. There is also the risk that lots of people do not know about this change, and will be badly affected when they try to prove their immigration status at a later date.
This Key Guide, written by Right to Remain, is for people who are helping someone to make a UKVI account. It covers the key points, as well as the importance of not giving legal advice to the person you are helping if you are not qualified to do so. We suggest that you read this Key Guide in full, before starting to help someone.
This is not a step-by-step guide to making the transition to an eVisa for yourself. If you would like to read a first person account of the process, you can read this guide here. You can also use this step-by-step guide, with screenshots of the process here. The Home Office have also made a video on the process, which you can watch here.
At the end of this guide, we have also listed the details of organisations you can contact to help you make an account.
The information in this guide may change as the situation changes. Please get in touch with us at contact@righttoremain.org.uk, if you have recommendations for how to improve this guide.
This Key Guide will cover:
Who needs to apply for an eVisa
This transition to an eVisa system affects many people. It is estimated that as many as 4 million people will be required to make the change.
People who need to apply for an eVisa are:
- People with Biometric Residence Permits (BRPs)
- People with Biometric Residence Cards (BRCs)
People who are advised to apply for an eVisa are:
- People with their immigration status displayed as a stamp in their passport, or a vignette sticker
People with BRP cards
Some people with BRP cards will have been invited by email by the Home Office to make a UKVI account. For some people, this will have been a straightforward process. Other people have not been contacted directly by the Home Office, but everyone can now make a UKVI account, even if they have not been emailed by the Home Office.
Legacy documents
Some people, particularly those who have older ‘legacy’ forms of immigration status, such as stamps in passports, or vignette stickers, may have lived in the UK for many years. It is possible that many people will not be aware of this change, and may not have connections to community groups who are aware of this change. Some people might not have heard about this change due to language barriers. It is also likely that many people will not have access to the necessary technology and internet connection to be able to make a UKVI account.
If you are supporting a person in this position, you can use this guide to help you.
People with ‘legacy’ immigration documents, such as passports with vignette stickers, are encouraged to make a ‘No Time Limit’ (NTL) application. A ‘No Time Limit’ application is for people who have indefinite leave to enter or remain in the UK to have their immigration status confirmed. It is available for people who:
- Have an old-style immigration document, such as a status letter, passport stamp or vignette in a passport, or
- The document with their status has been lost, stolen or expired, or
- They do not have documentary evidence confirming their indefinite leave to enter/remain, or
- They need to amend their details, for example the name on their immigration document
People who make an NTL after 31 October 2024 will not be issued with a BRP card. People who make an NTL after this date will be issued with a UKVI account and eVisa.
You can make an NTL for free, online, using this form.
To make a NTL application, you might need to go to a UK Visa and Citizenship Application Services Centre (UKVCAS) to have your biometrics (photo and fingerprints) taken. You will need a copy of your document showing your indefinite leave to remain, and a copy of your passport or travel document showing your most recent entry to the UK as supporting evidence.
More information on how to make an NTL application is available on the government website here.
Do asylum seekers need to make an application?
People who are seeking asylum have Asylum Registration Cards (ARC), and there are plans for these also to be transferred to digital format.
However, at the time of writing, people who are seeking asylum are not able to make a UVKI account.
There is no set deadline for the introduction of a digital system for people who are seeking asylum.
Making a UKVI account
In order to access an eVisa, you first need to make a UKVI account. This is done online, using a form which you can access here. The application is free.
The basic things someone needs in order to be able to make a UKVI account is:
- Access to the internet
- A smartphone (this does not have to be the phone of the person applying if they are being supported to make the application). The phone must be an iPhone 7 or newer, or an Android that can make contactless payments.
- A mobile phone number (that the person making the UKVI account can access)
- An email address (that the person making the UKVI account can access)
Helping someone make a UKVI account
If you are helping someone fill out the application form to make a UKVI, there is a button to click to say that you are creating the account on behalf of someone else at the start of the form.
At the end of the form there is also a declaration which says that you have submitted the information on behalf of someone else, and that you have confirmed that the information you have submitted is correct.
The Terms and Conditions on using a UKVI account say:
Suspension, restriction, or termination of access to a UKVI account
If there are reasonable grounds to believe an account holder, helper or proxy has breached any of these terms and conditions, or there are other reasons to believe the security of an account has been breached, access to the UKVI account may be suspended, restricted, or terminated without notice.
It is very important to clarify with the person you are supporting whether they would like you to help them create a UKVI account to access their eVisa, or if they need ongoing support from you to view and prove their immigration status digitally. This is called being nominated as a proxy.
Nominating a proxy
Helping someone to fill out the application form for a UKVI account is not the same as being nominated as a proxy. This is someone who will have access to the UKVI account and eVisa, to assist the main applicant.
This is in cases where the account holder is unable to act on their own behalf.
The Home Office states that:
Where a person is unable to manage their own affairs due to, for example, age or disability, a ‘proxy’, who is authorised, can create and manage the account on behalf of the person.
Important deadlines
There are some important deadlines to keep in mind when helping someone apply for a UKVI account. Please be aware that these deadlines are likely to change, and it is possible certain dates will be pushed back. We will update this Key Guide if we hear of changes.
26 September 2024 – BRP replacement service closed: this means you can no longer request a replacement BRP card.
31 October 2024 – BRPs stop being issued.
31 December 2024 – All short term issued BRPs expire.
It is important to remember that it is possible to create a UKVI account after the deadline of the 31 December 2024. You will not be penalised for not making the transition in time, but it could be that you are badly affected if you try to prove your immigration status without an eVisa after this deadline.
ACTION SECTION: How to help someone with the eVisa transition
- First, it is a good idea to explain that the system is changing. You can share this video made by the Home Office. The video is only available in English, but it is animated and has subtitles.
- Clarify with the person you are supporting that you are only helping them to apply for an eVisa, not to manage their account. There are cases in which a person can nominate a proxy (see section above).
- Ask the person you are supporting what kind of proof of immigration status they have. Is it a BRP or another legacy document? Remember, if it is a legacy document, you will need to make a No Time Limit application first.
- Ask the person you are supporting what forms of ID they have. If they do not have an ID, or if their BRP is their only form of ID, they could consider applying for another form of ID to use after their BRP expires, such as a provisional driving licence.
- Find out if the person has children, or is applying just for themselves. What about in the case of someone with children? The expectation is that the parent or guardian will have access to the UKVI account of the child. They can create a UKVI account for the child at the same time as their own.
- Consider if the person you are supporting needs ongoing support to access their digital UKVI account to prove their immigration status. It is possible for a person to nominate someone to be their ‘helper’ and to give that person limited access to their UKVI account. This is not legal advice, but it means you would have access to the account.
- Advise the person you are supporting to keep their expired BRP card, even after making a UKVI account.
The difference between legal advice and legal support
If you are not qualified to provide legal advice, you can still provide support to someone with issues relating to their immigration status.
Legal support is taking action without giving legal advice. It can include understanding and passing on general legal information, or even providing emotional, moral, and practical support to someone as they move through the legal process.
It is very important to be aware of the difference between legal advice and legal support, because providing immigration advice when you are not qualified to do so is a criminal offence.
In the context of the move to eVisas, examples of legal support could include:
- Reminding someone of the deadlines they need to consider.
- Sharing information and resources on how to make the application for a UKVI account if they are able to make the application themselves.
- Explaining what is needed to complete the application.
Sharing Right to Remain’s resources is an example of good legal support.
Is helping someone apply for an eVisa legal advice?
The Office of the Immigration Services Commissioner (OISC), the body that regulates immigration advice, confirmed in its April 2024 advisor newsletter that helping someone to make a UKVI account is not immigration advice.
This is because making a UKVI account does not change, impact or remove someone’s immigration status or right to stay in the UK.
However, there are situations in which, while helping someone make a UKVI account, you may be at risk of straying into legal advice.
For example, a common question you might be asked is: ‘Is my leave expiring on 31st December 2024?’. Answering this question with a ‘Yes’ or ‘No’ is immigration advice.
What you could say instead is something like:
- Recently, the Home Office has been issuing new BRPs with an expiry of 31st December 2024, as this is the date that the system moves to an online, digital system.
- The date of expiry of a BRP card does not necessarily affect a person’s immigration status.
- The best way to check the date that your leave expires is on your Home Office decision letter.
Frequently Asked Questions
The person I am supporting has lost their BRP card, and reference number. Can they still apply for an eVisa?
People who have lost or no longer have access to their Home Office reference numbers (e.g. BRP number, or visa application number) can request these via the Request Your Reference service. They should be directed to this service at the relevant point when creating their UKVI account.
The person I am supporting doesn’t have a BRP card, or a valid passport. Can they still apply for an eVisa?
People who were granted permission before 31 October 2024 and who don’t have a valid passport or BRP card should also create their UKVI account to access their eVisa. They may be required to attend a video interview to verify their identity.
People who were granted permission to come to or stay in the UK on or after 31 October 2024 who do not have a valid passport should be given information on how to login to their UKVI account and access their eVisa within 14 days of their application decision letter being sent.
People without a valid ID document may need to update their personal details or photo in their UKVI account can do so using this service. They may be required to attend a UKVCAS centre to enrol their biometrics.
How do these changes affect the move on process for newly granted refugees?
People who receive a positive decision on their asylum claim after 31st October 2024 will also be affected by this change to eVisas. If someone receives a positive decision on their asylum application, and are granted refugee status, they will receive a grant letter. The grant letter will now also have details of how to log in to their UKVI account to access the eVisa. It is very important to keep the letter safe, and to make a note of UKVI account login details.
After someone has received their grant letter, they will later receive an asylum support discontinuation letter. After this point, they have 28 days to complete the ‘move on’ process, during which time they will need their eVisa to access benefits, housing, employment etc.
The person I am supporting wants to travel in 2025. What should I advise them?
There have been concerns raised about possible problems with travelling using an eVisa after the 31 December 2024.
The Home Office is advising people to check their eVisa is correct before they travel, and resolve any issues before leaving the UK.
Which organisations are offering support?
The Home Office has provided contracts to some organisations to support this transition to eVisas. This means that there are a range of organisations with contracts to provide practical support. There are four large organisations with Home Office grants across the UK:
England: Migrant Help
Telephone: 07483 170100
Email: evisa@migranthelpuk.org
Scotland: Citizens Advice Scotland
Telephone: 0800 028 1456
Email: info@cas.org.uk
Wales: Welsh Refugee Council
Telephone: 0808 196 7273
Email: info@wrc.wales
Northern Ireland: Advice NI
Telephone: 0800 915 4604
Email: advice@adviceni.net
In addition, the Home Office has published this list of smaller organisations which can also support with the eVisa transition. You can click on the area you live in (England, Scotland, Northern Ireland or Wales) and see the list of organisations there.
The Home Office has a service called Assisted Digital which is designed to support people who need help with technology. Information about how to contact Assisted Digital is here.
What to do if you have problems
There are 3 routes within the Home Office to report problems with the eVisa:
- The Home Office eVisa webchat, which you should try first to resolve any issues. This may help with low level issues, but you will not be speaking to a human advisor.
- You can call the UK Visas and Immigration resolution centre on 0300 790 6268 or +44 (0)203 875 4669. This is designed mainly for technical and IT issues.
- The main channel to report problems is using this Home Office webform form. That could include if your eVisa has the incorrect details (name, photo, DOB etc) or there is a problem with your recorded immigration status. You can also use this form if UKVI set up your account for you, but used an email address or phone number you’ve never had access to.
- You can also lodge a complaint with the Home Office, and ask for the case to be raised to a manager.
If you are having problems supporting someone with their eVisa, the3million and ILPA have a reporting tool you can use to report problems with the transition to an eVisa. The idea behind this tool is to gather stories of how the system works to persuade the government to make changes. They will not be able to offer advice or solve problems, but they might be able to signpost to organisations who can help.
If the person you are supporting is experiencing other issues with their immigration status because of this transition, consider referring them to a legal representative to challenge their situation.
About Right to Remain
Right to Remain are a campaigning organisation, working with communities, groups and organisations across the UK. We provide information, resources and training to help people establish their right to remain, and challenge injustice in the immigration and asylum system.