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Why Do Biometric Residence Permits Expire on 31 December 2024?
Many non-British/Irish employees with UK immigration permission will have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024. In most cases, this does not mean that their permission to stay and work in the UK expires on 31 December 2024 – only the BRP itself will expire on that date.
BRPs have expiry dates of 31 December 2024 (even if the employee’s permission expires at a later date) because the Home Office is developing a digital immigration system, which is intended to replace physical documents (such as BRPs) with online records in the form of electronic visas (eVisas) by 2025.
An eVisa is an online record of a non-British/Irish citizen’s immigration status and the conditions of their permission to stay in the UK. Many non-British/Irish citizens in the UK already have eVisas, including those granted status under the EU Settlement Scheme.
What Do Affected Employees Need to Do?
Before 31 December 2024, anyone with a BRP expiring on that date will need to create a UK Visas and Immigration (UKVI) account to be able to access their eVisa.
Updating a BRP to an eVisa does not affect an employee’s immigration status or the conditions of their permission to stay and work in the UK. There is no cost for updating a BRP to an eVisa.
Many BRP holders will already have received an email from the Home Office explaining what they need to do before 31 December 2024, and you may well have been approached by your affected employees for guidance. We have answered some of the frequently asked questions posed by employees in relation to updating their BRPs, which you can share with them should they require further assistance in accessing their eVisas.
Where BRP holders have not created a UKVI account before their BRP expires at the end of 2024, the Home Office has said they will still be able to prove their rights while they create an account. Holders of expired BRPs will still be able to use these to create a UKVI account after 31 December 2024.
Any employee with a BRP expiring before 31 December 2024 should apply to extend their permission to stay in the UK in the usual way prior to the expiry date (with the support of their employer if they hold a sponsored work visa).
What Do Employers Need to Do?
As part of the obligation to carry out compliant right to work checks, and in addition to retaining proof of the right to work for each employee, any employer with employees who hold time-limited immigration permission must keep a record of the expiry date of that permission. We recommend that all employers carry out regular internal audits to ensure that they hold the necessary records and that those records are complete and up to date.
Most employees with time-limited immigration permission whose current employment started on or after 6 April 2022 will have been required to obtain a share code so that their employer could do an online right to work check (taking a copy of an original BRP ceased to be a valid right to work check from that date). Where an online right to work check has been completed, it will confirm the employee’s actual immigration permission expiry date (including those that fall after 31 December 2024). In those cases, the employer does not need to take any further action, other than keeping a record of the expiry date and completing a follow-up right to work check prior to that date in the usual way.
However, if your records show only that an employee’s time-limited immigration permission expires on 31 December 2024 or if you have no records at all, you should complete an online right to work check (as described above) as soon as possible. This online check will confirm the employee’s actual immigration permission expiry date, enabling you to keep a record of that date and complete a follow-up right to work check in the usual way prior to that date.
Employers who do not have an accurate record of time-limited immigration permission expiry dates run the risk of allowing employees to work beyond their permission expiry dates, leading to civil penalties of up to £60,000 per employee.
Frequently Asked Questions by Employees When Updating a UK Biometric Residence Permit to an eVisa
Why Does My Biometric Residence Permit Expire on 31 December 2024?
This does not necessarily mean that your permission to stay and work in the UK expires on 31 December – only the Biometric Residence Permit (BRP) itself will expire on that date. At the time your UK visa was originally granted, you should have received an email or letter confirming your actual permission expiry date.
BRPs expire on 31 December because the Home Office is developing a digital immigration system to replace physical documents with online records in the form of electronic visas (eVisas) by the end of this year.
Before 31 December, anyone with a BRP expiring on that date will need to create a UK Visas and Immigration (UKVI) account to be able to access their eVisa. An eVisa is an online record of your immigration status and the conditions of your permission to stay in the UK.
Updating your BRP to an eVisa does not affect your immigration status or the conditions of your permission to enter or stay in the UK. You will be able to use your eVisa to travel to the UK and you will not need to carry a physical document to confirm your UK immigration status, except for your current passport, which must be registered to your UKVI account and linked digitally to your eVisa.
What Do I Need to Do If My BRP Expires on 31 December 2024?
You may already have received an email from the Home Office explaining how to create an online UKVI account before 31 December. If so, you should follow the guidance in that email.
The relevant steps will depend on whether you either:
- Have a BRP but do not already have a UKVI account
- Already have a UKVI account but need to update your details so that your account is linked to your ID documents (passport and BRP)
I Have a BRP That Expires on 31 December 2024 But I Do Not Have a UKVI Account
Before 31 December, you will need to create a UKVI account to access your eVisa and share information about your immigration status and conditions.
You will need:
- Your passport
- Your physical BRP
- Your BRP Number or Unique Application Number (UAN) (you can find this 16-digit code on your most recent UK visa application)
- Your email address and your mobile phone number
- Access to a smartphone
You can get help creating your UKVI account if required.
The Home Office also has a video guide on creating a UKVI account.
Important note: If you are unable to complete these steps because you receive an error message, you could wait until the Home Office contacts you (by email) before creating your UKVI account, or try again in a few weeks’ time.
If you are unable to create your UKVI account immediately, please:
- Create a GOV.UK One Login to receive updates relating to eVisas
- Fill in a short form to ensure the Home Office has your current email address
If you are able to create your UKVI account, you must also complete a short application form to link your eVisa to your account, which looks like this:
Once you have created your UKVI account, you will be able to view the details of your eVisa online, including your type of permission, when it expires and your conditions of stay. You will also be able to update your personal details and register your passport in your UKVI account.
I Already Have a UKVI Account But Need to Update My Details So That My Account Is Linked to My Current ID Documents (BRP and Passport)
If you used the UK Immigration: ID Check app for your last visa application, your UKVI account will have been set up using your previous BRP, which will still be registered as the document required to log in to your UKVI account, unless you have since updated it.
If you have since been issued with a new BRP, you should update your UKVI account so that it is linked to your new BRP to ensure you can continue to easily access your UKVI account.
In addition, you should ensure that your current passport and any future passports (as and when you receive them) are linked to your UKVI account. This way, your eVisa will still be linked to your passport even after the expiry of your BRP. Having a noncurrent passport linked to your UKVI account could potentially cause issues or delays at Border Control when travelling into the UK.
You can update your UKVI account by adding your current identity document (BRP and passport) and other personal details.
Once your UKVI account has been updated, you will be able to travel in and out of the UK with just your current passport after your BRP expires at the end of the year.
Should I Add My Squire Patton Boggs Contact as a Helper When Creating My UKVI Account?
No. Unfortunately, helpers registered to your account cannot update your details on your behalf – only you can make changes to the account and update your status electronically.
Is There a Cost for Creating a UKVI Account and Updating a BRP to an eVisa?
No – there is no cost.
How Do I Know If I Already Have a UKVI Account?
You will have a UKVI account if you have ever:
- Applied to the EU Settlement Scheme
- Used the UK Immigration: ID Check app to prove your identity when applying for a visa
- Created one to get access to an eVisa
If you have a UKVI account, you can log in to it with the details of the identity document you used for your last visa application and your date of birth.
How Can I Check My Permission Expiry Date Before I Am Able to Create a UKVI Account?
Your permission expiry date will be stated on the approval email or letter you received when your current permission was granted. In addition, if you have a BRP you can enter your BRP number and date of birth to view a profile page that will confirm your permission expiry date (you can use this link to view your permission details even if you have not been asked to provide a share code by your employer).
What If My BRP Expires Before 31 December 2024?
You should make a new application for permission to stay in the UK by applying in the usual way, as part of which you may be required to create a UKVI account and receive an eVisa, or you may receive a new BRP (following which you can follow the steps above to create a UKVI account).
What If I Am Waiting for My First BRP?
You should wait until you receive your first BRP before trying to create a UKVI account.
What If I Need to Update My Details Before I Am Able to Create a UKVI Account?
You can update your details, for example email or residential address, using this form.
What If I Do Not Have a BRP From My Last Visa Application?
If you applied for your visa through the UK Immigration: ID Check app and were not issued with a new BRP, your eVisa needs to be linked to your passport. If you have not already done so, please log in to your UKVI account to update your identity document to your passport.
What If I Do Not Have a BRP But Have Another Physical Document to Prove My UK Immigration Status?
If you are not a British or Irish citizen and have indefinite leave to enter or indefinite leave to remain (also known as settlement), and you currently prove your rights through a different type of physical document, such as a wet-ink stamp in your passport or a vignette sticker, you can continue to use your document as you do now, where this is permitted. However, to prevent delays when proving your status and travelling internationally, you should make a “no time limit” (NTL) application. If your NTL application is successful, you should receive an eVisa. If however, you are issued with a BRP, you will be able to create a UKVI account to access your eVisa later this year.
What If I Do Not Have a BRP But I Have a Biometric Residence Card (BRC)?
If you have a BRC and you have been granted status under the EU Settlement Scheme, then you already have an eVisa and you do not need to take any action to obtain one. You can find details of how to access and use your eVisa online or in your grant letter or email.
If you have a BRC but you have not been granted status under the EU Settlement Scheme, obtained another form of immigration leave or become a British citizen, then your BRC is no longer valid, even if it appears to still be in date. This is because the UK has left the EU, and EU free movement law no longer applies. To continue living in the UK, you should seek advice on obtaining UK immigration status as soon as possible. You may be able to make a late application to the EU Settlement Scheme as a family member of a relevant EU, EEA or Swiss citizen. You should not travel internationally until you have obtained proof of your UK immigration status.
Should I Hold on to My Old BRP?
Yes, you should keep hold of your old BRP, as you may need it for any future visa applications you make to stay in the UK. You should continue to carry your BRP when travelling internationally until it expires on 31 December 2024, even if you have already obtained an eVisa.
Will Each Member of My Family Need Their Own UKVI Account?
Yes, each member of your family who is subject to UK immigration control will need their own UKVI account linked to their own passport.
What If I Do Not Create a UKVI Account Before 31 December?
You will not lose your current immigration status if you do not create a UKVI account before 31 December 2024. You will be able to create a UKVI account after 31 December 2024 using your expired BRP, if necessary. However, those with expired BRPs will not be able travel internationally without an eVisa after 31 December 2024. BRP holders will still be able to use the online right to work and rent services once their BRP expires (provided they still have valid permission), but the Home Office is encouraging them to create a UKVI account to access an eVisa and to use that to access those services.
Where Can I Get Help About Creating a UKVI Account?
You can download a PDF of these frequently asked questions to share with your employees should they require further guidance on accessing their eVisas.
Get in Touch With One of Our Business Immigration Lawyers
If you have any questions relating to right to work checks, UK visa applications or any other business immigration law matters, please get in touch with your usual business immigration lawyer at our firm or Annabel Mace, partner and head of our UK immigration team.
