New regulations on biometric information and eVisas have been introduced, including sanctions for those who fail to comply
The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (“the Regulations”) came into force on 27 March 2025. The Regulations introduce a variety of new powers relating to biometric information, as part of the move towards an electronic border and immigration system – further to the rollout of the Electronic Travel Authorisation scheme for visitors to the UK and the transition to eVisas.
These include a power entitling the Home Office to capture the biometric information of all UK arrivals (save for British and Irish citizens) at the border. If an arrival refuses to provide their biometrics, then the Home Office can refuse or cancel their immigration permission. This does not apply to British and Irish citizens, who derive their right to reside in the UK from their citizenship and the Common Travel Area arrangement respectively.
Similarly, the Home Secretary can now refuse a stateless person’s application to remain in the UK, where the stateless person in question fails to provide their biometric information without a reasonable excuse. In addition, where an individual absconds from immigration bail and fails to remain in contact with the Home Office, the Home Office can now retain their biometric information for longer than the standard period of fifteen years.
Then there are the regulations dealing with eVisas. Regulation 20 introduces a requirement on all eVisa holders aged 16 to 70 to update their facial photograph on their eVisa at least every ten years.
Failing to comply with this requirement may result in:
- the individual being blocked from generating a share code (required for proving Right to Work and Right to Rent);
- the refusal of the individual’s pending visa application;
- the cancellation of the individual’s existing immigration status; and
- civil penalties of up to £1,000.
Regulation 21 sets out a new time limit to switch from a Biometric Residence Permit (“BRP”) to an eVisa. While the grace period for using BRPs as valid entry permission is ending on 1 June 2025, individuals now have a maximum of 18 months from the expiry of their BRP to create and access their eVisa account.
Further to the general expiry of BRPs on 31 December 2024, this backstop date will be 30 June 2026 for most people (though it will be sooner if your BRP expired before 31 December 2024). It is important to keep in mind that, even if you are not leaving and re-entering the UK, working, or renting, you must switch to your eVisa before this backstop date. Failing to do so could result in sanctions up to and including the cancellation of your leave to remain in the UK.
It should be noted that regulation 21 does not apply to those aged 70 or older – such persons are still encouraged to set up an eVisa, but they will not be subject to sanctions if they fail to do so. Regardless, we would still recommend that you do access your eVisa, even if you are 70 or older, as not doing so may impact your attempts to re-enter the UK on return from a holiday abroad, as well as presenting difficulties with accessing other services in the UK.
If you have any questions about eVisas, please get in touch at [email protected]
