How to Obtain an eVisa if You Have Indefinite Leave to Remain but No Biometric Residence Permit (BRP)

Visa holders in the UK who prove their status through physical and paper documents require to apply for an eVisa prior to the move to digital status in early 2025. 

Many visa holders evidence their immigration status by way of a Biometric Residence Permit (BRP), which has an expiration date of 31^st December 2024. A BRP is a physical card which contains a person’s biometric and personal details. BRPs are being phased out and the Home Office is turning to a form of digital immigration status to view and prove a person’s leave to enter or remain in the UK.

However, some visa holders do not have a BRP which is required to obtain an eVisa.

This blog will briefly address the process to obtain an eVisa for those who have a BRP as well as those who hold indefinite leave to remain and do not have a BRP.

What if I already have a BRP? 

If a person already holds a BRP, they ought to receive communication directly from the Home Office with a link to apply for an eVisa online. In order to obtain an eVisa, a UKVI account requires to be created. The communication outlining how to apply for an eVisa is being sent to BRP holders in phases. You may not have received this email yet. If you have not yet received an email, you can sign up for updates on the gov.uk website. The UKVI account sign up is due to open to all applicants in Summer 2024 however at today’s date, this has yet to materialise.

Obtaining a UKVI account is free of charge. To create an account, an identity document, such as a national passport, or an individual’s BRP, is required to be at hand. Access to a smart phone to complete the identity verification process through the ‘UK Immigration ID Check’ app is also required. Once the UKVI account is created, a list of questions are required to be answered in order to obtain the eVisa. You thereafter ought to receive notification of your eVisa through email within a few days.

What if I don’t have a BRP? 

The implications of requiring a BRP in order create a UKVI account, and to thereafter obtain an eVisa, means there is a cohort of people with indefinite leave to remain who do not have BRPs and are therefore unable to obtain an eVisa.

Many have what is known as a ‘legacy’ document to evidence their immigration status rather than a BRP, as well as people who have no proof of their indefinite leave to remain status at all. The majority of legacy documents tend to be a stamp or vignette in an expired passport which is an endorsement of indefinite leave to remain or enter, or are decision letters issued by the Home Office to the applicant. There may also be circumstances where a person may have lost their passport which contained their indefinite leave to remain endorsement.

Published online Home Office guidance confirms that people who fall in the above categories will not have received any communication from the Home Office to apply for their eVisas as they are not BRP holders. It is important to apply for an eVisa prior to the switch to digital immigration status in early 2025, particularly as this will likely pose difficulties on gaining re-entry to the UK at the border, in addition to issues evidencing right to work, or right to rent in England.

How do I obtain a BRP?

Individuals who hold indefinite leave to remain or enter, who do not have a BRP and now need to apply for an eVisa require to make what is known as a “no time limit” (NTL) application. A successful NTL application will result in a grant of indefinite leave to remain being transferred to a BRP.

NTL applications are currently free of charge. Once the NTL application is approved and the BRP is received, a UKVI account can thereafter be created and an eVisa applied for. The eVisa will be linked to an identity document. Therefore details on the online UKVI account require to be up-to-date.

In order to make a successful NTL application, and thereafter receive a BRP, the applicant will require to meet certain requirements including evidencing that the grant of indefinite leave to remain or enter has not lapsed. Evidencing this can prove to be complex, particularly when a person has lived in the UK for a substantial period of time.

If you would like our advice or assistance regarding making an NTL application, or should you believe your indefinite leave to remain has lapsed, then please do not hesitate to contact one of the experienced solicitors in our immigration team.