Going Digital: How Different Countries Are Modernising and Digitalising Their Immigration Systems

At a Glance

• In October 2023, UK Visas and Immigration (UKVI) announced that all physical documents would be replaced with an online record of a person’s immigration status. As part of this effort, UKVI is introducing eVisas.
• With the gradual introduction of digital visas, UKVI has also introduced digital methods of confirming foreign nationals’ right to work and rent in the UK.
• The Electronic Travel Authorisation (ETA) will apply to all individuals visiting or transiting through the UK who do not currently need a visa for short stays. Irish citizens and Irish residents visiting the UK from any Common Travel Area are exempt.
• Travellers wishing to travel to the United States for up to 90 days must either apply for a visa or the Electronic System for Travel Authorization (ESTA).
• The U.S. State Department has started a trial run with a Digital Visa Authorization for a limited number of K-1 (fiancé) visa applicants.
• The European Union plans to introduce the European equivalent of the U.S. ESTA and UK ETA, called the European Travel Information and Authorisation (ETIAS).
• Finland is the first nation in the world to allow travellers to re-enter the country using digital passports instead of physical passports.

In recent years, several countries have been slowly moving away from physical forms of confirming the immigration status of foreign nationals (e.g., vignettes or visa stickers in passports and residence permits) and towards the adoption of digital authentication methods. Most commonly, we are seeing eVisas or digital visas introduced for short-term visitor travel; however, some countries are also now adopting them for long-term stays. This article will focus primarily on the changes being made to the UK’s immigration system and describe briefly some other interesting recent developments.

The United Kingdom

Introduction of Electronic Visas

As part of the UK’s efforts to digitise the immigration system, UK Visas and Immigration (UKVI) is introducing eVisas. These will replace an individual’s physical visa document(s) with an online record of their immigration status. The online record will outline the conditions of an individual’s permission to enter or stay in the United Kingdom.

The documents being replaced electronically are: (1) biometric residence permits (BRPs), (2) biometric residence cards (BRCs), (3) passport endorsements, such as indefinite leave to enter wet-ink stamps, and (4) vignette stickers in passports, such as entry clearance or visa vignettes.

Consequently, the Home Office has only been issuing biometric permits with expiry dates not exceeding 31 December 2024, in preparation for the introduction of a fully digital system starting in 2025. These individuals can confirm the actual expiry date of their permission either by looking at their ‘visa approval letters’ or by accessing their UKVI accounts.

An individual requiring a UK visa needs to create a UKVI account to view and share information about their right to rent or work with third parties, including landlords and employers. When entering or exiting the United Kingdom, an individual will only be required to carry a passport registered to their UKVI account.

The government is also digitalising the visa application process whereby applicants submit their visa applications online. The digital route has been gradually rolled out to applications for the EU Settlement Scheme, the Skilled Worker and Senior Specialist Worker visa submitted by EU nationals overseas, the Skilled Worker visa renewal (for all nationalities), and the Graduate route visa.

Since 2018, the Home Office has been conducting trials of the digital system in some limited circumstances:

• From its inception, applicants to the EU Settlement Scheme have been able to submit their appointments without attending a visa appointment and have been issued digital visas.
• EEA, USA, Australia, Canada, New Zealand and nonvisa nationals holding chipped passports can submit visa applications without attending an appointment; this option is currently only available to applications for a limited number of categories, including the Skilled Worker route, Senior or Specialist Worker route, and Dependant visas. Successful applicants are issued digital permissions, instead of tangible biometric permits/cards.
• Individuals issued biometric permits that later apply to extend their permission to remain in the UK have been able to submit fully digital applications — without attending an appointment — and have been issued digital permissions too. This is currently only available to some nationalities and visa categories.

There are some concerns among immigration practitioners regarding how the system will function in practice and the challenges this may create. For example, one of the issues experienced by practitioners and applicants is the confusion experienced by the UKVI system’s difficulty in differentiating between applications submitted by twins, which can severely delay the application process. Naturally, there are several difficulties or ‘teething’ problems that will be encountered; and the onus is on UKVI to introduce an efficient manner of dealing with these issues.

The Home Office / UKVI will release more information regarding this in 2024.

Right to Work and Right to Rent Checks

With the gradual introduction of digital visas, UKVI has also introduced digital methods of confirming foreign nationals’ right to work and rent in the UK. Digital checks were extended to biometric permit holders during the COVID-19 pandemic and became the only method of authenticating the right to work/rent from April 2022. A check conducted using any other method, except in exceptional circumstances, is no longer acceptable and does not exempt the employer or landlord from legal penalties if it is later discovered the foreign national was working/renting illegally.

Electronic Travel Authorisation (ETA): Digital Permission to Travel to the UK

Who will need to apply?

The ETA will apply to all individuals visiting or transiting through the UK who do not currently need a visa for short stays. Irish citizens and Irish residents visiting the UK from any Common Travel Area are exempt from the ETA.

What will this look like?

• An ETA will be valid for two years or until the expiry of the holder’s passport used in the ETA application, whichever is sooner.
• If a passenger does not have a valid ETA, they will be denied boarding an aircraft by the airline, as opposed to being turned away or being detained at the UK border.
• The ETA decision-making process will be automated and primarily check databases about an applicant’s suitability, including any criminal records and previous immigration history.
• An ETA application will automatically be refused in certain circumstances, such as the applicant having been convicted of a criminal offence, the applicant having entered the UK illegally, or the applicant having lied on their ETA application. A person who is refused an ETA has not been refused permission to enter the UK, and will need to apply for a visa if they wish to enter the country. Applicants will not be able to appeal the ETA refusal.
• The Home Office has announced that the ETA scheme will cost £10 per applicant.
• The ETA will be introduced in a staggered manner: the first phase was opened on 15 November 2023, and only applied to Qatari nationals. The second phase will open on 1 February 2024, and will apply to nationals of Bahrain, Jordan, Kuwait, Oman, Saudi Arabia and the United Arab Emirates. Once the two test phases are completed successfully, the ETA will be introduced to the rest of the world.

The United States of America

Electronic System for Travel Authorization (ESTA)

Travellers wishing to travel to the United States (U.S.) for up to 90 days must either apply for a visa or the ESTA. Citizens of countries participating in the Visa Waiver Program (and who are eligible for an ESTA visa waiver) need to apply for an ESTA online. Visiting certain countries, including North Korea and Yemen on or after 2011 and Cuba on or after 2021, will render the applicant ineligible to apply for an ESTA, as will certain other activities in the applicant’s past such as prior arrests/convictions and prior immigration violations.

An ESTA is valid for two years and currently costs $21.

Digital Visa Authorization (DVA)

In September 2023, the U.S. Department of State’s Bureau of Consular Affairs announced it was starting a trial run with a DVA for a limited number of K-1 (fiancé) visa applicants. This is being tested through the U.S. Embassy in Dublin, Ireland. Instead of providing the traditional visa in the form of a sticker inside of passport, the successful applicant is issued a digital authorisation. Once issued, the airlines will be informed the traveller has valid credentials.

The DVA will be rolled out to other visa categories if these tests are successful.

European Union

European Travel Information and Authorisation (ETIAS)

The European Union (EU) is planning on introducing the European Travel Information and Authorisation. ETIAS is not a visa. It is an authorisation system for which certain individuals (see below) will need to apply before entering any EU member state, except Ireland.

Who will need to apply?

Citizens from countries who can enter EU member states or the Schengen Zone for travel purposes without requiring a visa will need to apply for ETIAS. Infants and minors also must apply for ETIAS, but travellers with existing visas are not required to apply. ETIAS is expected to come into force in May 2025. An ETIAS will be valid for three years or until the travel document expires, whichever is sooner.

Finland

Finland is the first country in the world to allow travellers to re-enter the country using digital passports instead of physical passports. The country started a trial in August 2023 to allow Finish citizens travelling with Finnair to enter and exit Helsinki Airport using a “Digital Travel Credential”, a type of digital passport available on a smartphone app. Passengers need to download and register on the FIN DTC app, and have their photograph taken by the police. The information can then be stored on their smartphones in the form of a digital passport, and passengers can upload their travel information on the app before their flights.

Finland’s pilot programme is likely to expand in the future, as the European Union wants at least 80% of citizens to use digital IDs by 2030. More pilot programmes are planned for the Schiphol Amsterdam Airport in the Netherlands and the Zagreb Franjo Tuđman Airport in Croatia.