Changes to immigration in 2025

The UK government has introduced several changes to the immigration system that will affect businesses, their employees, and visitors travelling to the UK in the coming months. These changes include:

• Acceptance of Biometric Residence Permits/Cards (BRPs and BRCs) expiring on 31 December 2024 as valid travel documents until 31 March 2025.
• Extension of the Electronic Travel Authorisation (ETA) scheme to a wider range of nationalities, requiring advance travel permission for UK visits from 8 January 2025 or 2 April 2025, depending on the nationality.
• Prohibition of recouping certain immigration fees from sponsored workers, effective from 31 December 2024.

These changes are intended to streamline the immigration process and enhance security, but they may also pose some challenges and risks for travellers and employers. Therefore, it is important to be aware of the new requirements and deadlines, and to plan ahead to avoid any disruption or penalties.

We have summarised the key points and implications of each change below.

Acceptance of BRPs and BRCs expiring on 31 December 2024

If your employees hold a BRP or a BRC issued under the EU Settlement Scheme that expired on 31 December 2024, they can continue to use it as evidence of their permission to travel to the UK until 31 March 2025. They should still create an eVisa account on the gov.uk website (if they have not already done so).  Creating an eVisa account will allow your employees to access and update their immigration status online, evidence their right to work and right to rent.

Extension of the ETA scheme to a wider range of nationalities

The ETA scheme is a new system that requires certain visitors to the UK to obtain an electronic travel authorisation before boarding a plane, train or ferry to the UK. It is similar to the ESTA scheme in the US and other countries. The ETA scheme aims to improve security and efficiency at the border, and to reduce the need for physical stamps or visas in passports. The ETA scheme is already in place for nationals of Gulf countries, who have needed an ETA to visit the UK since 1 October 2024.

From 27 November 2024, nationals of many countries across the Americas, Asia and Oceania (including the USA, Canada, Australia, New Zealand, Japan and South Korea) have been able to apply for an ETA on the gov.uk website. Nationals from these countries will need an ETA to visit the UK from 8 January 2025.

From 5 March 2025, nationals of EU/EEA countries plus Switzerland will be able to apply for an ETA on the gov.uk website and will need an ETA to visit the UK from 2 April 2025.

The ETA application process is simple and quick, and costs £9 per person. The ETA is valid for multiple entries to the UK for up to two years, or until the passport or identity document expires, whichever is sooner. The ETA does not guarantee entry to the UK, and travellers will still need to meet the eligibility and suitability criteria for their visit, such as having sufficient funds, a valid reason and a return ticket.

The ETA does not replace the need for a visa or a work permit for those who intend to work, study or settle in the UK. If your employees are nationals of a country that requires an ETA, ensure they apply for one well in advance of their planned travel date, and that they have a valid passport or identity document linked to their ETA. Check the latest travel advice and guidance on the gov.uk website before they travel to the UK.

Prohibition of recouping certain immigration fees from sponsored workers

The Home Office has updated its guidance and made it clear that sponsors cannot recoup, or attempt to recoup, certain immigration fees from the workers they sponsor, as this would be a breach of their sponsor duties and could result in the revocation of their sponsor licence.

The fees that sponsors cannot recoup from sponsored workers are:

• the sponsor licence fee (including the fee for adding that route to your existing licence) and any associated administrative costs (including premium services), where the fee or the costs are recouped on or after 31 December 2024;
• the Certificate of Sponsorship fee for a Skilled Worker, where the Certificate was assigned on or after 31 December 2024;
• the Immigration Skills Charge for a Skilled Worker or a Senior or Specialist Worker.

Where your business provides financial support to a sponsored worker in relation to their visa process (for example paying a visa priority fee or for an English language test), the Home Office does not prohibit the recoupment of these costs. However there are employment law considerations when seeking to recoup these types of payments which require clear contractual rights to repayment in order to be fully enforceable.

As a sponsor, review your policies and practices to ensure compliance with the new guidance and avoid recouping any prohibited fees from your sponsored workers.