The UK faces a looming immigration challenge with the new e-visa system. From 1 January 2025, all biometric residence permits (BRPs) and biometric residence cards (BRCs) will expire. Therefore, migrants must use the e-Visa system to prove their status. The Home Office stopped issuing BRPs and BRCs on 31 October 2024. Now, anyone granted immigration status must use an eVisa.
A Troubled Transition to the e-visa system
The shift to the e-Visa system has already caused problems. Users report missing or incorrect details, ID scanning failures, and status issues. Despite years of planning, public awareness campaigns began only recently. Many remain unaware of the changes.
The Hostile Environment Effect
The biggest obstacle isn’t technical, but rather systemic. People are dubbing government’s “hostile environment” policy which turns ordinary individuals into immigration enforcers. Employers, landlords, NHS staff, and public officials must check immigration status before providing services.
From 2025, what are effectively “surrogate-border guards” will rely on the e-Visa system. Many lack training or understanding. Moreover, mistakes could lead to unlawful discrimination. For instance, one refugee’s recent case highlights this risk. The DWP wrongly stopped his benefits because his BRP expires, though his status remains valid.
Legal Responsibilities
Public bodies must follow immigration rules while protecting individual rights. They have duties under the Equality Act and must act in children’s best interests. If eVisa issues arise, staff should use alternative methods to verify status, such as the Home Office’s SVEC service.
Organizations receiving funding to help migrants can also access a dedicated helpline.
What Needs to Change
Urgent action is necessary. Many bodies have written to government departments. They demand:
- Training and clear guidance for decision-makers.
- Public access to this guidance.
- Fair treatment during status checks, including no suspensions.
Ongoing discussions with stakeholders
Without change, there’s a real risk of another Windrush-like scandal, where people lawfully in the UK were denied services.
Next Steps
The eVisa system has potential, but risks remain. Therefore effective cooperation between the Home Office, public bodies and indeed advocacy groups is essential. Migrants must not suffer due to bureaucratic failures.
Furthermore, for those affected, reporting tools and support are available. As such, advocacy will be critical to safeguarding rights in this digital shift.
For more information on the e-visa system:
For more information, contact Leena Chouhan, Head of Immigration at Taylor Hampton Solicitors’ Immigration Department.