The Home Office is replacing these physical documents with e-Visas by the end of December 2024. Up to four million people have until the end of the year to create an online account so they can access an e-Visa.

This could lead to a digital Windrush scandal, where people who have the right to be in the UK can no longer prove their status because of flaws in the scheme’s rollout and implementation.

This could have devastating consequences for those who are affected, potentially leading to people being denied entry to the UK, being sacked or kicked out of education, having job offers refused or being denied access to healthcare.

THE SCHEME HAS BEEN POORLY COMMUNICATED

The scheme has been poorly communicated, and many of those affected have not been directly contacted about applying for an e-Visa. In August – with just four months to the cut-off – the Government said people no longer need an email invitation to apply for an e-Visa. But many people don’t know they need to apply because there has been no public information scheme and the Government has failed to engage with migrants’ groups.

There are particular concerns around 200,000 people who have legacy documents who may not have had recent contact with the Home Office. As with the Windrush scandal, these are likely to be older people who may have been in the UK for decades and have an unquestionable right to be here.

There is no backup plan for the transitional period when potentially thousands of people may not have e-Visas in place.

The scheme is not accessible for the people it’s trying to target

Migrants may not have a smart phone that can make contactless payments, which is required in order to open a UKVI account. The scheme poses challenges for older people, people with learning difficulties, and people for whom English is not their first language. There is little or no support for those with specific vulnerabilities, such as people experiencing homelessness, older people, those living in care, and those with complex mental health needs

Digital-only schemes carry risks of hacking, data breaches and technical glitches

Any glitch that fails to update someone’s status could impact their ability to travel, work, rent a property or receive benefits. Mistakes can take months to resolve – meanwhile those affected may not be able to work, go to college, receive benefits, rent a property or travel abroad. We only have to look at some of the problems with the digital-only scheme for EU citizens living in the UK to know that there is a very real risk of technical errors.

ONE
Stop the e-Visa scheme, and provide emergency alternatives or extend the use of expired BRPs.

TWO
Allow both physical and digital proof of the right to be in the UK.

THREE
Consult with civil society about a new scheme.

FOUR
Ensure that any future e-Visa system works offline to ensure that people can always prove their rights.