If you are granted leave to remain in the UK, you will normally receive an email or letter that tells you the expiry date of your new leave. You will also receive a biometric residence permit (“BRP”), which you must use as proof of your status when entering the UK.
Since 1 January 2020, UKVI has been issuing BRPs with an end date no later than 31 December 2024. This means that progressively more applicants are receiving a “short-stop” BRP that does not match the end of their leave to remain. This is a matter of concern for a number of reasons:
Applicants need to know the end date of their leave so that they can make their next application in time. Although this information is now contained in the letter or email granting leave, when the new system of “short-stop” BRPs was first introduced, there was a period when the grant letter only confirmed the length of the leave and not its end date.
Applicants granted indefinite leave to remain were accustomed to receiving a BRP that was valid for 10 years.
Overall, “short-stop” BRPs have introduced confusion for many about whether they were granted the correct leave, and what the procedure will be for replacing their card and proving their immigration status.
What is the reason for this change?
On 30 October 2023, UKVI issued their Online immigration status (eVisa) guidance. The guidance confirms that:
UK Visas and Immigration (UKVI) are developing a digital immigration system. This means we are replacing physical documents with an online record of your immigration status. This is known as an eVisa.
The documents being replaced are:
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- biometric residence permits (BRP)
- biometric residence cards (BRC)
- passport endorsements, such as indefinite leave to enter wet ink stamps
- vignette stickers in passports, such as entry clearance or visa vignettes
Applicants with status under some immigration categories, such as the EU Settlement Scheme, already have a form of eVisa, with access to the online “view and prove” service to see their immigration status, and generate share codes for employers.
UKVI state that they intend to replace physical immigration documents with eVisas during the course of 2024. The guidance does not provide a detailed explanation about when or how this will be done for individual applicants, except that they will “provide updates”. BRP holders are now receiving emails with instructions about how to create an online account with access to the eVisa system, and UKVI has said that the system will be open to all this summer.
The guidance does not say whether protections or exceptions will be provided for applicants who cannot use the necessary IT, or understand the eVisa requirements.
The Immigration Law Practitioners Association (ILPA) has written to the Home Office setting out concerns about the move to a digital immigration status, including technical errors, the effects on vulnerable migrants, and a lack of public awareness.
Applicants and document-holders should check the UKVI guidance page regularly for updates about the changeover.
If you have any concerns or questions about your UK immigration status, you can contact me at kf@kfimmigration.com or on 07752722292.
4 December 2023 updated 27 June 2024