Don’t get locked out of UK after a trip abroad

I was asked recently what the Home Office’s introduction of eVisas means for people who need them to prove their right to live and work in the United Kingdom, particularly as they return to the country. For a complex matter, my advice was simple – if you are travelling, cover every base.

People could be forgiven for being confused about where we are with the new system and what it means for them, given the delays in the UK Government’s original plan to fully transition to a digital immigration system by December 31 2024.

Physical residence permits expired on December 31. They were due to be immediately replaced by a new eVisa digital immigration system. Its full introduction was initially extended until March 31 – with the date recently pushed back to June 1. The new approach will see the replacement of Biometric Residence Permits (BRPs) and EU Settlement Scheme biometric residence cards (EUSS BRCs) as valid evidence of permission to travel to the UK.

Be prepared, advises Gurjit Pall

While it is important for everyone who is required to be able to prove their residency status and rights, people planning on returning to the UK after time away are being urged to ensure they are particularly prepared, from now on. This is because airlines have been told by the UK Government that they will be fined if they allow people to travel into the country illegally, without the eVisa or – until June 1 – a relevant physical document. So they will, understandably, take a cautious approach.

Before travelling our advice is: If you already have an eVisa, check that your details are correct and up-to-date.

Also, make sure you have obtained the share code needed in order to travel – and keep a copy of that with you.

And take – and keep with you – your expired BRP or BRC cards in case you are challenged as a result of any teething problems with the new system. As with any new software system, teething problems with the eVisa should not be surprising.

It is particularly important for those leaving the country now to ensure they have done all they need to before travelling, in order that they can return. They are, inevitably, the likeliest to face any initial challenges, either at airline check-in or border control.

The share codes that travellers should obtain from their UK Visas and Immigration (UKVI) account – and which are valid for 90 days – allow airlines and Border Force officers to see details of a person’s eVisa.

To obtain an eVisa, people must create a UKVI account, which will need to be linked to their passports. People can use a valid or expired Biometric Residence Permit (BRP) to do this.

Where someone under the age of 18 is unable to create or manage their own account, a parent or guardian should do so on their behalf.

Travellers are also advised to have the Home Office helpline number with them, just in case they need support. Officials staffing that will hopefully be able to find a resolution.

eVisas are the latest evolution in the increasingly complex area of immigration law for those who wish to live, work, start a business or study in the UK, as well as those looking to bring family to the UK, extend their stay, or apply for British citizenship. Demand for legal advice in this area is only likely to continue as people work their way through these changes.

Gurjit Pall is an immigration law Partner at Lindsays