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Over the course of the next 12 months, the Government will be rolling out a new border control system which is designed to modernise and streamline border processes, increase efficiency and enhance border security. We take a look at the proposed changes below.
Last week, the Home Secretary, Yvette Cooper, announced an extension of the UK’s Electronic Travel Authorisation Scheme (ETA Scheme). The intention is that, by next Spring, all visitors to the UK (i.e., everyone apart from British and Irish citizens), will need permission to enter the country before arriving.
Ms Cooper stated in a written statement laid before the House of Commons:
‘Once fully rolled out, the ETA scheme will close the current gap in advance permissions and mean that for the first time, we will have a comprehensive understanding of those travelling to the UK’.
New rules relating to the ETA scheme
The aim of the ETA Scheme is for the Government to control more effectively who comes into the UK and for what reasons.
Last year, the Conservative Government introduced a new ETA system for overseas nationals of certain countries (Qatar, Bahrain, Kuwait, Oman, the United Arab Emirates, Saudi Arabia and Jordan) who were entering or transiting through the UK without legal residence rights or a visa. ETAs currently cost £10 and they permit multiple journeys to the UK of up to six months at a time over a period of two years.
Rules requiring people visiting the UK to apply under the ETA Scheme will be expanded to include travellers from all other countries except Europeans from 27 November 2024 onwards, and it will be mandatory for entry to the UK from 8 January 2025. The intention is then to extend the scheme to European nationals with effect from 2 April 2025.
The Home Office has already commenced a process of phasing out all physical immigration status documents by the end of 2024. Physical visas are being replaced with new eVisas. The intention is that eVisas will be more convenient and more secure, as they cannot be lost, stolen or altered.
From January 2025, all employees who have visas will need to have an eVisa to prove their right to work in the UK to current or future employers. Under the ‘Right to Work’ checks, employers will need to check eVisas using the Home Office’s online system.
All visa holders will need to set up an online account with UK Visas & Immigration (UKVI) (the branch of the Home Office which is responsible for immigration and nationality matters). As of 6 August 2024, all visa holders are now able to register to use the UKVI eVisa system. Visa holders must create their account before their current visa expires.
We would advise overseas nationals to apply for their eVisa as soon as possible, in particular as we approach the Christmas period, when many people wish to travel and a backlog of applications soon accumulates. Whilst an individual’s visa status is not affected by the transfer to an eVisa, they may encounter difficulties on their return to the UK in 2025 if they have not secured an eVisa.
The website which overseas nationals should use to create a UKVI account is www.gov.uk/evisa. There is no cost involved, and the application is usually processed online without the need to send any physical documents to the Home Office. All visa holders should do this, even those who have recently obtained an extension.
It is advisable to encourage employees to register for an eVisa, by way of an email, for example, advising employees about the new eVisa requirements. Follow up reminders would also be a sensible step on the part of employers.
One of the advantages of the new scheme is that it will enable employers, landlords and service providers to verify a person’s immigration status more easily, using the Government’s online system, thereby streamlining the document checking process.
Employers do not need to undertake new checks on current workers, provided that the necessary right to work checks were completed correctly at the outset of employment and a copy of the necessary documents has been retained on file.
This is a good opportunity to undertake an audit of HR files, and to check that all your right to work checks are up to date. In particular, look for any upcoming visa expiry dates in the next few months, so that any extension applications can submitted in a timely manner.
If you have any questions at all in relation to business immigration matters, or if you have any questions relating to the immigration status of a particular individual, please contact Nadine Marston on nmarston@boardside.co.uk.