Incus vm efi state

Hi all,
I have for many years been using debian live build to build a special image.
I have always used a libvirtd VM, as I now got a new machine my idea was to skip
libvirtd and use incus VM instead.
Using debian VM, both bullseye and bokworm (incus init images:debian/12 --vm my-container)
After loads of testing and building I always get stuck at the same point:
refind configuration fails and according to my understanding all this is related to efi.
I get the same error all the time:
EFI variables are not supported on this system.

Looking online for solutions all I find is that it seems to work,
/boot is writable,
efivar -l returns loads
efibootmgr -v returns multiple boot options.
lsmod shows that efi mod is loaded

I am out of ideas and help would be much appreciated!
Would be really nice to be able to use incus VM to build a debian live image and totally replace libvirtd.

Many thanks in advance!!
Marcus