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Will the new eVisa scheme lead to a Windrush style immigration scandal?

BY BEO | 16/12/2024

Foreign residents of the UK no longer get a residence permit. The Home Office, which is responsible for migration, is instead providing access to an online eVisa. It stopped issuing physical residence permits from 31 October 2024 and has marked almost all existing ones with an expiry date of 31 December 2024.

The Home Office, which is responsible for migration, is moving to a fully digitalised online eVisa system for providing confirmation of someone’s immigration status. It stopped issuing physical residence permits from 31 October 2024 and has marked almost all existing ones with an expiry date of 31 December 2024.

Although the government has announced an extension of the deadline for applying for eVisas from 31st December 2024 to 31st March 2025, this will not remove the problem of a potential scandal that will again affect migrants to the UK, especially those from the Caribbean, Africa and Asia. From 31st December 2024 all Biometric Resident Permits (BRPs) Biometric Residence Cards (BRCs) and legacy paper documents will show that they have expired.

The immediate problem facing those who haven’t made the switch to an eVisa is that from 1st January 2025 they will only have an expired paper document verifying their status to be in or enter the UK. We know that migrants to this country are already viewed with suspicion, with the threat of fines for transporting people to the UK without verifiable status, airlines and carriers across the world are likely to err on the side of caution and refuse entry to the UK, especially over the busy holiday period.

Although Seema Malhotra MP, Minister for Migration and Citizenship said in early December “..I am pleased to confirm greater flexibility on carriers on accepting expired documents, to smooth the transition for those travelling internationally without compromising on border security.” We do not foresee that guidance given in early December to airline and other carriers to accept expired documents will be enough

It’s not just entry to the UK that will be denied to those who are entitled to be here lawfully – services like access to housing, benefits, banking and to the job market will also be affected as those unofficial immigration gatekeepers to those services will take on face value the fact that people have paper documents that have expired.

Even though the extension for applying for an eVisa has taken place it does not mask the issues that arise as result of the switch to the eVisa system. We have heard that some people have received notifications by email or text to switch to the e-Visa. However, not all of those who received a notification were provided with a link to facilitate the change, and if a link was provided, we’ve heard that it didn’t always work.

Some people found that their resident permit numbers were not being read correctly, meaning they had to re-sign into their United Kingdom Visa and Immigration (UKVI) account.

Other people experienced inaccurate information showing on their UKVI account after the switch to an eVisa.

History has shown us that the hostile environment seeks to demonise and dehumanise migrants to the UK and manifests itself in various ways. We cannot help but believe that the switch to a purely digital platform is another example of this in practice.

The Government has taken no steps to show how access to transferring from paper documents to a digital platform can be of benefit to those who can not afford or do not have or do not want personal access to a smartphone or laptop.

It has not properly taken account of those with indefinite leave to remain (ILR) who do not have a BRP but rely on the stamp or vignette in their passport to confirm their status. Despite their ILR they will have to make a No Time Limit application (NTL) to switch to an eVisa. In doing so they may have the onus of proving that they have been resident in the UK every year from when ILR was granted.

We know from the experience of the Windrush scandal that the Government was blasé and care-free with the retention of documents and data about people’s right to live and work in the UK. How can we be sure that that same attitude will not be displayed in relation to a digital process over which individuals will have no control?

In addition to the difficulties that are likely to be faced by the general population who are having to switch to eVisas we are specifically concerned about the more vulnerable members of our communities like care leavers, the vulnerably housed, the elderly and unaccompanied asylum-seeking children.

If you require support and guidance on making the switch to an eVisa please contact one of the organisations in this link: List of organisations – GOV.UK


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