It’s official – the Home Office have released a statement announcing the postponement of the rollout of eVisas and confirmed that individuals can travel to the UK with an expired BRP card until the end of March 2025. Whilst the delay presents certain benefits to those experiencing technical difficulties, there are serious concerns that this postponement will not be communicated in time to overseas officials, meaning that British residents with valid leave past 31 December 2024 are at risk of being refused permission to travel to the UK because their documents have expired.
The UK Government released a written statement on 4 December 2024, advising that individuals travelling between 1 January 2025 to 31 March 2025 should continue to travel with their original expired BRP cards. They further advised that “While this will not affect the way that Border Force conducts its passenger checks, it will provide confidence and reassurance to travellers that they will not face unnecessary delays when providing their travel status with airlines and other carriers…”.
The Immigration Law Practitioners’ Association (ILPA) responded to the Home Office, stating that “Based on our previous experience, we are emphatic that this message will not filter down to every carrier, every check-in staff member and third party, and every boarding gate staff member”. ILPA highlighted that even in the event that carriers are made aware of this announcement, “[they] face two forms of penalty when they allow someone to board a plane (or train/ferry) to the UK, who is then on arrival not permitted to enter the UK:
1. A fine in the form of a charge under section 40 of the Immigration and Asylum Act 1999 – £2,000 per passenger, as set out in the Document checks and charges for carriers guidance; and
2. Responsibility for the cost of returning the passenger.
…
…carriers, being commercial organisations, are risk averse. Therefore, unless they have received confirmation from UK authorities that someone has permission to travel, they will very likely err on the side of caution and deny that person boarding.”
The ILPA letter continued, “However, even where the message does successfully reach the relevant decision maker, this measure will not work unless carriers’ liability rules are urgently revised to match this change.” ILPA then proposes various changes to be made to the carriers’ liability rules prior to 31 December 2024 to avoid passengers who are British residents being refused travel to the UK with an expired BRP card.
In response to the worries, the government introduced a 24-hour “support hub” for overseas carriers wanting to verify individuals’ immigration statuses, but the likelihood of transport staff enquiring about every passenger travelling with an expired BRP card is low, especially in busy airports.
Whilst the deadline has been extended, the lack of access to proof of your immigration status could affect you in several ways other than just travel. For the avoidance of doubt, do not leave the registration of your eVisa until after the ever-looming BRP expiry date of 31 December 2024, regardless of the announcement that has been made. Act fast and register your e-Visa at the earliest opportunity.
If you have already registered your eVisa successfully, to pre-empt any issues, travel with an accessible screenshot or printout of your online eVisa and your physical, expired BRP card when travelling to and from the UK.
If you are facing technical issues with your eVisa, contact the Home Office and work to get this resolved. At Gherson, we understand the complexities of this transition and are here to help. Whether you need assistance with switching to an eVisa or navigating access issues, our expert team is on hand to guide you. Contact us today for tailored advice and support as the UK moves towards a fully digital immigration system.
Updated: 9 December 2024
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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