e-Visas: The Next Digital Windrush Scandal

Our report, “Hostile and Broken” released today, explains why e-Visas risk creating tens or hundreds of thousands of errors, with people potentially turned down for jobs, or unable to enter the country, as the result of electronic failures of the new online, real time re-checking inherent in the UK e-Visa scheme.

Real-time risks

It is important to say at the outset that the problems are not the result of having a digital record, but of the Home Office choosing to create an unstable system that also does not really know that different records match with any particular person. It would be possible for an electronic system to work well, if a persistent e-Visa result was stored, on paper or on a device as well as the Home Office’s systems, and only revoked through a deliberate decision. 

Instead, in order that the Home Office can deny people e-Visas in real time, as soon as it thinks there might be a reason to do so, they attempt real time, probabilistic matching of multiple records across myriad databases with no specific linking of records. There is no actual user record of a Visa entitlement, but live matching and rematching of application records. In layman’s terms, the system engages in guess work to divine what records match with whom, in real time, and then spits out the result onto a user’s phone.

Anyone using the system could suffer an error at any time they check their visa status. The Home Office’s decision to make live checks comes at the cost at potentially tens or hundreds of thousands of errors. As 4 million people rely on e-Visas, an error rate of say 0.05% would cause 20,000 problems. Each of those is someone potentially denied a job, unable to access a service or unable to board a plane to the UK; and they do not currently suffer this risk with paper visas.

There is already significant evidence of the problems being caused, as detailed in our report, and also in the detailed and long term research conducted by Kuba Jablonowski and Monique Hawkins in the Journal of Immigration, Asylum and Nationality Law, which sets out their evidence for this understanding of the underlying architecture of the system. In March, problems with the Home Office Atlas database revealed that 76,000 identities had been incorrectly merged. 

Evidence of problems

Evidence of widespread problems for e-Visa holders and applicants has been collected by the 3million, who have found identities that have been incorrectly merged, connected, or ‘entangled’. In one case, a person found that their eVisa account incorrectly listed them as a BN(O) dependent instead of a Skilled Worker dependent, despite their Biometric Residence Permit (BRP) details being correct, although the expiry date shown was outdated. Multiple individuals have encountered similar problems, and efforts to report the issues to the Home Office often resulted in referrals to a chatbot, which was unable to resolve the problems. Another individual, recently granted Indefinite Leave to Remain (ILR), could not log in to their UKVI account using their new BRP number, only the old one. Once logged in, the system correctly confirmed their ILR status, but attempts to log in with the new BRP resulted in a mismatch error. Several refugees have encountered significant issues when trying to link their travel documents to their UKVI accounts due to mismatches between their nationality and the travel document information. 

Increased complaints

Charities have begun receiving an increasing number of calls and visits from individuals struggling to create eVisa accounts, finding the process overly complex and challenging due to cultural barriers. One case involves a individual with no surname, who faced difficulties when the Home Office ID Check app was unable to read the chip on their BRP. Despite the charity reaching out to a senior Home Office officer, the issue remained unresolved. In another case, a non-EU citizen, granted Indefinite Leave to Remain in the UK, was unable to create a UKVI account due to not having access to an email address.

Several individuals have faced significant issues with their UKVI eVisa accounts, particularly when trying to access proof of their immigration status. In one case, a student received an email instructing them to create their eVisa account and was later notified that they could view their eVisa details. However, every time they logged in, they were met with a message saying that proof of their status could not be shown. Despite contacting both their university and UKVI, the issue remained unresolved for over three months, leaving them fearful of traveling abroad without proof of their right to re-enter the UK. In another instance, an individual contacted the Home Office and was informed that the issue stemmed from a database problem that would be resolved within a week, yet they received no further updates. Similarly, another person reached out to the chatbot for help, and although an IT ticket was supposedly raised, they never received confirmation or a ticket number, leaving them unsure if they would have to start the process again. 

Problems with devices

To create a UKVI account and prove their rights to enter the UK, as well as their right to work, rent, obtain a loan, or enrol in a university, individuals are required to have a phone number, email address, and a smartphone, either an iPhone 7 or newer, or an Android device with contactless payment capability.

There is a significant worry about the accessibility of the online system for many people. The use of an app is particularly problematic, as it does not work for all Android smartphones. The government appears to expect people to borrow phones from family members, which could lead to problems with abusive or controlling relatives, for example.

Problems with travel to the UK

For migrants to travel, they must link their passports to their new UKVI accounts. At airports and ports, international carriers are required to check passengers’ passports through a linked system with the Home Office server to confirm their right to enter the UK before boarding.

However, several problems have arisen. First, many international carriers are not yet willing to use the eVisa system to verify whether travellers have the right to enter the UK. Second, there is still a lack of clarity on how this system will function in airports and ports. Third, refugees in the UK with travel documents issued by the UK, as well as refugees from EU countries with the right to remain in the UK, are unable to link their travel documents to UKVI accounts. When their travel documents are scanned, they currently receive a mismatching error as the system claims there is a discrepancy between their nationality and the country of issue for their travel documents.

Without the correct e-Visa result, the air carrier is obliged, on pain of fines, to deny the individual their flight. Unsurprisingly, the airlines are resisting compliance.

Problems for 200,000 legacy document holders

There are significant concerns regarding individuals who hold legacy documents. who now need to prove their right to remain in the UK with an e-Visa. Older people may have lived in the country for decades. According to the Home Office, there are approximately 200,000 people with such documents. Similar to those affected by the Windrush scandal in 2018, these individuals undoubtedly have the right to remain, yet they may face difficulties proving it under the proposed digital methods within a short time frame. The Home Office’s plan requires these individuals to first apply for a Biometric Residence Permit (BRP) through a complex No Time Limit (NTL) application before then applying for an eVisa. The NTL process is lengthy, complicated, and requires applicants to provide extensive personal information, including every address they have lived at in the UK. Many individuals will struggle to complete this application, even with assistance. As a result, many of the 200,000 people with legacy documents may not realise they need to apply for an eVisa until it’s too late. This could lead to dire consequences, such as being denied access to essential services like the NHS, potentially putting their lives at risk. The situation draws parallels to the Windrush scandal, where older, vulnerable individuals were unable to access critical services due to a lack of digital proof of their status.

A deliberate and hostile choice

It is important to note that this fragile, real time system is a deliberate design choice, to fulfil the Home Office’s goal of finding non-valid e-Visas and rejecting their use as soon as it is possible to do so. This requires constant automated checking, but at an enormous cost, in terms of reliability and the kinds of problems the system creates for people when errors occur.

The3million have suggested that a stable e-Visa result, linked to a Home Office record of the person, could be stored on a phone or indeed printed on paper, for example as a QR code. However, this would not satisfy the Home Office’s desires for constant, real time checks. We therefore believe it is time to abandon the fantasy of instant digital visa rejections and embrace the responsibility the government has to people who it has invited to live and work in the UK by issuing them with a persistent and reliable Visa. 

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