Evisas Transition: Why Legacy Paper Document Holders Need to Act Now

As the UK’s immigration system turns digital with the rollout of eVisas, it is important for individuals holding paper documents confirming their indefinite leave to remain in the UK to take action promptly.

Physical ‘paper’ immigration documents are typically held by holders of Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE) which is evidenced by a wet ink stamp or a vignette sticker in their passport. Some individuals may also prove their ILR status in the UK with a Home Office letter issued decades ago.

From 1 January 2025, the UK’s border and immigration system will become ‘digital by default’. This means that legacy paper document holders should take action now to prove their ongoing right to live, work and study in the UK on a digital basis, and to enable them to travel in and out of the UK smoothly. 

I am a legacy paper document holder. What do I need to do?

The Home Office states you will first need a Biometric Residence Permit (BRP) in order to be able to create your UKVI account. However, this is subject to change later this year.

Obtaining an eVisa is currently a two-step process for legacy paper document holders:

Step 1:  It is first necessary to make a ‘No Time Limit’ (NTL)  application. This application is free and requires completion of an online form.  You will need to submit supporting documents evidencing that you have resided continuously in the UK since you were first granted ILE/ILR. You will also need to attend an appointment at a UK Visa and Citizenship Application Service (UKVCAS)  centre to provide a photograph and fingerprints. Appointments can costs up to £260, subject to location and availability. Successful applicants will then be issued with a BRP. 

Step 2: Once you have been issued a BRP, you will then be able to apply for an eVisa.   We have provided more details about this process here.

Any BRPs issued following an NTL application will necessarily be short dated to 31 December 2024 ahead of the transition to eVisas from 1 January 2025.

The Government plans to launch a revised NTL application process later in 2024  providing successful applicants with an eVisa directly, without first issuing a BRP. However, it is uncertain when this revised NTL process will be launched. Home Office advice is to make an NTL application as soon as possible - especially as the NTL application will remain the mandatory first step. 

I have lost my paper immigration document. What should I do?

If you have lost the passport evidencing your ILR or ILE status, you should still make an NTL application. If successful in proving you have lived continuously in the UK since first being granted ILR or ILE, you will be issued with a BRP and can then apply for an eVisa. 

What if I choose to do nothing?

The transition to eVisas will not adversely affect an individual’s underlying UK immigration status. This means that a legacy paper document holder will not lose or invalidate their UK immigration status if they do not take steps to apply for an eVisa. However, you will find it increasingly difficult and face unnecessary delays in proving your right to live, work and study in the UK as well as in accessing NHS healthcare, claiming state benefits and travelling smoothly in and out of the UK. 

Should I apply for British Citizenship instead of an eVisa?

Individuals who hold ILE or ILR and can meet the necessary eligibility and UK residence criteria have the option to apply for British Citizenship. British passport holders, including those who previously held UK immigration status but have since successfully naturalised as British Citizens, do not require eVisas.  

When considering whether to apply directly for British Citizenship, however, there are a number of key considerations including:

• Some countries do not permit dual citizenship - it is important to first check this point with your own country’s national authorities. Dual citizenship could also have tax implications and specialist tax advice should be sought in this regard.
• British Citizenship applications are not free. The current Government fee to naturalise as a British Citizen is £1,630.
• You need to meet the UK residence requirements in relation to the length of time you have lived in the UK and your absences during the relevant qualifying period.
• If you are not married to a British Citizen, you also need to have held ILR or ILE for at least 12 months before applying.
• British citizenship applications can take up to six months to be processed. During this time, it is possible to travel overseas whilst the application is pending however this could be problematic from 1 January 2025 if you hold an expired BRP.

I have an EEA paper residence document. Should I apply for an eVisa?

For individuals holding a passport with a vignette sticker issued under the EEA Regulations, such documents ceased to be valid on 30 June 2021 further to the UK’s exit from the European Union. Such individuals may be able to make a late application to the EU Settlement Scheme if they can show ‘reasonable grounds’ for applying after the deadline of 30 June 2021. Certain family members of an EU, EEA or Swiss citizen may also apply after 30 June 2021, subject to meeting certain qualifying criteria. 

Can I still travel overseas using my legacy paper document?

For now, you should still carry your physical immigration document when travelling overseas as well as a current national passport or travel document. However, if you have not applied for digital immigration status, it is likely you could face significant delays or challenges when seeking to travel to or re-enter the UK on/from 1 January 2025.

During 2024, the Home Office is taking steps to allow carriers, including transport operators such as airlines, ferries and international train operators, to securely and automatically access the UK immigration status of passengers when travelling on their services. This will automate the existing routine checks completed when a passenger presents their national passport when travelling back to the UK from overseas. 

Should you have any questions about applying for an eVisa or your eligibility for British Citizenship, please get in touch with Anna Blackden or Malini Skandachanmugarasan.