eVisas: A second Windrush scandal?

Access to Justice Policy and Research Officer, Elinor Mattey, reflects on the roll-out of eVisas in the digitalisation of the immigration system.

Biometric Residency Permits (BRPs) and Biometric Residency Cards, the documents which evidence a person’s lawful residence in the UK and can be used to confirm identity, entitlements and rights to work, are due to expire at the end of December 2024.  

BRPs will be replaced with ‘eVisas’, a digital visa, under the Home Office scheme to digitalise the immigration system by gradually replacing physical documents. Many people already have eVisas, such as those issued since 2018 through the EU Settlement Scheme. Moving to an online system may not seem unusual in the modern digital age, but the roll-out of eVisas could have serious implications for many people living in the UK.  

The ‘disastrous cliff edge’ deadline

Immigration Law Practitioners Association (ILPA) and others warn of the ‘disastrous cliff edge’ deadline to apply for an eVisa in its open letter to the Home Office. The letter raises concerns about the imminent deadline of 31st December 2024, and the risk of adverse effects to millions of migrants in the UK, akin to the Windrush scandal.  

Over four million non-EU migrants who have legal leave to remain in the UK have BRPs that expire in December this year. This means that by 1st January 2025, BRPs will not be accepted as valid evidence of immigration status. Even if someone’s immigration status does not expire this year, unless an eVisa has been obtained prior to the deadline, people are left without proof of lawful status.  

eVisas: the reality 

Electronic visas remove the risk of physical documents getting lost or stolen, and the Home Office say that the use of eVisas will make it quicker to prove status at the UK border, or in sharing status with employers and landlords. But this phase of digitalising the immigration system seems to have a greater risk to people than the efficiency a digital system may provide.   

With such a short application window, it is unlikely that the four million non-EU migrants subject to the rule change will be aware of the need to apply for an eVisa before the deadline.  The lack of public awareness is likely to result in some people only finding out about the change in immigration rules when they go to renew their visa and realise that they have no valid proof of status. ILPA and others expressed particular concern for vulnerable migrants who are most likely to be adversely affected by the deadline because they are less likely to have access to technology and internet. This includes migrants with disabilities, learning difficulties, survivors of abuse and children and young people in care.     

Access to justice 

If someone cannot prove their lawful residence in the UK because their BRP is invalid, they become undocumented. This prevents a person from being able to rent a house, open a bank account, and access employment. Having an insecure migration status also prevents access to services, and by default subjects a person to having no recourse to public funds and at risk of falling into a precarious position.  

The greatest demand for immigration legal services in Wales falls outside the scope of legal aid. Immigration legal aid services and non-legal aid services in Wales are in crisis, with little provision available to meet an overwhelming need for advice. Without extending the deadline and transition period for eVisas, demand will increase and more people in Wales will be unable to access justice to regularise status.  

The Windrush scandal taught us that immigration control and harsh policies can affect people who have lived in Wales for most or all of their lives. Measures must be put in place to prevent a repeat of Windrush.