Digital-only immigration status: A looming Windrush 2.0?

A s the new year approaches, millions of EU citizens and other migrants in the UK are set to face a critical change: the transition from physical biometric residence cards (BRCs) and biometric residence permits (BRPs) to digital-only immigration status. The deadline, which stems from a self-imposed expiry date by the Home Office, has drawn criticism for its rushed implementation and lack of foresight.

The grassroots organisation the3million, which advocates for EU citizens in the UK, has long warned of the pitfalls of such a system. “For years, (the Home Office) have printed an expiry date of 31 December 2024 on these cards, even when people’s actual immigration status is valid for longer. Now, (almost) all migrants in the UK will be left only with a digital status,” Monique Hawkins, Policy and Research Officer at the3million, explains.

A Troubled Digital Transition

The shift to digital-only status builds on the EU Settlement Scheme (EUSS), described by the3million as a “large-scale experimental guinea pig for eVisas.” However, the organisation has flagged significant technical flaws, including inaccessible digital statuses, data corruption, and cases of “data entanglement,” where individuals find their immigration details mixed with those of strangers.

Such issues undermine the credibility of the system, especially for digitally excluded individuals who may struggle to access or verify their immigration status. “With a digital-only status, [these individuals] will be left dependent on others and at risk of exploitation,” Monique Hawkins cautioned.

Together with Dr Kuba Jablonowski, a researcher from the University of Bristol, Monique Hawkins co-authored a research article highlighting these risks in the Journal of Immigration, Asylum & Nationality Law, Loss and Liability - Glitching immigration status as a feature of the British border after Brexit. The study catalogues the system’s failures and the Home Office’s inadequate responses.

Warnings Ignored

The Home Office had ample time to address these issues, according to the3million. Reports submitted to the Independent Monitoring Authority in 2022 detailed the problems faced by individuals attempting to update their digital status and outlined the risks posed to international travel. Despite these warnings, the digital rollout has been rushed, with significant implications for those holding BRPs.

The advocacy group also proposed a secure, low-cost alternative that would have mitigated many risks, but the Home Office declined to pursue it.

Acknowledging the risks, the new Government has taken some measures to soften the impact of the transition. Last week, the Minister for Immigration, Seema Malhotra, assured Parliament that airlines and carriers would accept expired BRPs and BRCs until at least March 2025. However, she also acknowledged past mismanagement, stating:

  We remain concerned that some of the risks of the roll out, particularly to those making the transition from BRPs and legacy documents, were not clearly identified and managed under the previous administration and have been consulting stakeholders on other issues raised by them, along with the wider concern that this change could lead to another Windrush.

— Seema Malhotra, Parliamentary Under-Secretary of State for Migration and Citizenship.

The mention of Windrush — a reference to the immigration scandal that left many long-term UK residents wrongfully detained or deported during the Tory years — underscores the gravity of the situation.

Broader Concerns and Next Steps

The rushed digitalisation programme reflects a broader tension in UK immigration policy, where efficiency is often prioritised over fairness and accessibility. Critics argue that the system, as it stands, risks further marginalising vulnerable groups.

The3million continues to advocate for affected individuals, offering detailed FAQs and resources on their website to help migrants navigate the transition. Their work aims to ensure that no one falls through the cracks during this critical period.

Some of the frequently asked questions addressed on their website include:

• I’ve renewed my passport. Do I really need to keep my UKVI account / eVisa updated? What happens if I don’t link a new passport or national identity document to my digital status?
   
• I’ve heard EU citizens need an Electronic Travel Authorisation (ETA) if they want to travel to the UK from next April. I am an EU citizen with (pre-)settled status under the EUSS - what does this mean for me?
   
• I have (pre-)settled status under the EUSS. Do I need to apply for an eVisa or set up a UKVI account?
   
• I’ve changed my email address / mobile number. Do I really need to keep my UKVI account / eVisa updated? What happens if I don’t update my digital status with my new contact details?

As the deadline looms, the Labour Government faces mounting pressure to address systemic flaws and ensure the transition to digital status does not exacerbate existing inequalities or lead to another immigration scandal.

GOING FURTHER

• For further information and resources, visit the3million’s FAQ page.

• Together with Migrants Organise, the3million created a very compact eVisa ‘Bust Card’. (It tells you your rights, and has lots of useful advice.)

• The3million has developed a new ‘eVisa problems’ website together with ILPA, where BRP holders can report problems in setting up their UKVI accounts and accessing their eVisas.

• The3million have added a Resource Hub which contains lots of useful information for everyone with eVisas (including therefore people with pre-settled and settled status). It tells you what to do if you think you might not be allowed to get on a plane, and gives advice if despite trying everything, you’re denied boarding.

Sources:

▪ This piece was first published in PUBLIC SQUARE UK on 18 December 2024.

▪ Cover: Flickr/Metin Ozer. (Licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.)