ILR, BRP and e-Visa Issue

I was a bit surprised to read in the Observer today about ILR, BRP and e-Visas. Up until today, I have never heard anything about BRPs or e_Visas even though I have been required to prove my identity and right to stay in the UK for numerous issues such as banking, marriage, etc.

Some pertinent background before my questions…

I am a USC.  I have lived and worked in the UK from 1991 to 2013 when I retired from my position at a UK University. I received my ILR in 1998 while working at that University.  I am married to a UKC.  Since retiring in 2013, I have not travelled out of the UK.

After spending the last few hours reading quite a few articles from UKVI and further afield, my ILR is apparently called the old version as it is a piece of paper and a vignette in one of my old passports. It states I have indefinite leave to remain along with a few requirements such as not leaving the country for a continuous period of 2 years, etc.

The first questions I have are as follows:

-   It is my choice to elect/to not elect to transfer my “old” ILR to a BRP through the NTL (no time limit) application.  Correct?
-   I see those with BRPs are being required to file for e-Visas.  Does this then mean that “old” ILR are now required to do the same?
-   Are we looking at a possible Windrush II scenario if someone on the “old” ILR attempts to travel outside of the UK and is refused re-entry as they may not have an e-Visa though my have the letter and the vignette.
-   Any other constructive comments are very welcome. 

I will eventually approach the UKVI about this situation but I am running this by the forum first for first hand" experiences, etc.

Thanks for reading and thanks in advance for comments/advice

I found the article you're referring to at https://www.theguardian.com/uk-news/article/2024/may/18/digital-visa-switch-uk-immigrants-december-deadline

Right now applying for an eVisa is invite only, for people who have a BRP card. My wife got the email a few days ago and we got the eVisa sorted yesterday. The article mentions the process opening up to all BRP holders later in the summer but no mention of people with paper ILRs.

The application process (sign up at https://www.gov.uk/get-access-evisa, more details at https://www.gov.uk/evisa) allows you to sign up using either a BRP or a passport. I guess your old passport is now expired but I think it's worth trying to signing up at some point by your passport, and see what happens ( you will need to also download the 'UK Immigration: ID Check' app to scan the passport/BRP and take a selfie. I saw 2 on Apple App store, but the one UKVI refer to is the purple coloured one).

Having said that, I don't know whether UKVI stores details of paper ILR holders with BRP-based ILR in the same system. One for ksand24 and larrabee?


M.

I’m not actually sure, to be honest.

I would assume that not many people have the paper ILR these days, as a BRP is now required in order to keep working in the UK (employers cannot accept paper ILRs as proof of right to work anymore), and I guess a good number of people apply for citizenship once they have ILR.

Doing a quick Google search though, I’ve found this gov.uk blog post from April 2024 which mentions how to access eVisas for people who have ILR stickers in their passports:

https://homeofficemedia.blog.gov.uk/2024/04/17/media-factsheet-evisas/

From that page:




Sent from my iPhone using Tapatalk

Hiya!

There isn't a lot left that a paper ILR can do. It's free for you to get your BRP card now, which I would ASAP. In my American Women's facebook groups we are seeing this question a lot as many people haven't bothered with a BRP as they cost like £260 originally, or something like that.

You will be two changes behind if you wait too much longer and it may be increasingly difficult to sort out if you wait past this BRP card stage that is currently being phased out right now.

You can only use your ILR in your passport for travel. https://www.gov.uk/transfer-visa

Regardless, you have to get a BRP card to get on the E-visa scheme, which is required.
from: https://www.gov.uk/guidance/online-immigration-status-evisa

If you have another physical document

If you 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, then you should make a ‘no time limit’ (NTL) application.

If your NTL application is successful, you’ll get a BRP to prove your rights. You should carry your BRP, along with your passport, when travelling internationally. Once you have a BRP, you’ll be able to create a UKVI account to access your eVisa later this year.

I’ve been reading this with interest.  I suspect there are quite a few retirees in the UK with paper ILR who don’t travel and who retired before biometrics became a thing for right to work checks. They probably also own their own homes, so don’t rent and again are not checked. My guess is quite a number have probably not heard about the switch to e-visas/new requirements.  It is also pretty likely a number of them also have moved since their ILR was granted 20-30 years ago.  I only found out about it via a union email.   

I’ve had different advice from different immigration advisors…some said wait until you contacted by the home office, others saying to wait as the BRP will expire probably before you receive it and they are phasing them out, other to go ahead and apply for the BRP as advised here (which probably is the most prudent course to take), and other saying to apply for citizenship to protect yourself from further changes (what I am doing).

The first questions I have are as follows:

-   I see those with BRPs are being required to file for e-Visas.  Does this then mean that “old” ILR are now required to do the same?
 

The old paper system is being replaced by the digital system.
https://www.gov.uk/guidance/online-immigration-status-evisa#how-will-i-use-my-ukvi-account

  -   Are we looking at a possible Windrush II scenario if someone on the “old” ILR attempts to travel outside of the UK and is refused re-entry as they may not have an e-Visa though my have the letter and the vignette.

No: you are still allowed to stay in the UK with a valid ILR. ILR and Naturalisation/Registration registers appear to be kept: it was the other records that had to be destoyed under the then new Data protection Act. But if you left the UK, how would you prove to the airline that you can board a plane to the UK if you didn't have the required digital proof, or a British Citizen or Irish Citizen Passport?

Everybody who lives in the UK has to keep up to date with any law changes. E.g. the driving rules are always changing and all drivers must keep up to date as ignorance is no excuse in the eyes of the law.

The same with travelling to another country, any new laws they bring in have to be followed by guests in their country. E.g. any new driving laws in that country since you last visited; or Australia, New Zealand and the US ending the, boarding a flight to their country and being allowed in at the border.

Part of the UK’s Nationality and Borders Act 2022; an Act starts as a Bill and takes years to get Royal Accent and become an Act; brought in ETAs (Electronic Travel Authorisation). Like Australia, New Zealand and the US, this Act ends a non-visa national without permission to live in the UK, from being allowed to board a plane to the UK without an ETA or visa. This has been on notice for years and these will need to check when their country is added to the ETA requirement list this year.

‘ No: you are still allowed to stay in the UK with a valid ILR. ILR and Naturalisation/Registration registers appear to be kept: it was the other records that had to be destoyed under the then new Data protection Act. But if you left the UK, how would you prove to the airline that you can board a plane to the UK if you didn't have the required digital proof, or a British Citizen or Irish Citizen Passport?’

Thanks for this Sirius.  So, what if you never left the UK?   OP hasn’t been outside the country since 2013.

In addition to the citizenship application I made, I also applyed for the BRP/evisa because I updated my contact details for the home office, and got the generic email requesting I do this.  We will see which application comes through first. And with regard to another threatd I put down my past two speeding tickets I received in the 80s.  I checked the legacy ILR form when when I applied, and indeed then they just wanted to know about criminal offense or civll judgements and also took into consideration the rehaibilitation of offenders act.  Have times have changed.

I was very lucky that my employers gave letters showing continuous employment since settlement, but also that I kept a box file of documents I forgot about until now.  I was able to provide proof I had been here for every year,, plus of course the old passports.  My proof was about 50-60 documents including old P60s, NHS stuff, my covid travel pass showing the 3 vaccinations, council tax, mortgage statements, etc.  I gave a very good spread

I do have some concerns though about those with legacy documents trying to accomplish this feat, particularly if they have been here 20-30 years with a paper ILR vignette and are retired.  It seems to me this may be a disaster waiting to happen.