The upcoming eVisa scheme from the Home Office, which operates exclusively online and generates a new immigration status by searching through numerous government databases each time an individual logs in, has been criticized by the Open Rights Group (ORG) as “error-prone” and “deeply problematic.”
As part of significant reforms to the UK immigration system, physical documents will be replaced by an online immigration status accessible through a UK Visas and Immigration (UKVI) digital account. The Home Office states that eVisas will detail the holder’s immigration status, including any work restrictions, and allow users to securely share relevant status information with third parties like employers and letting agencies. They argue that electronic visas have several advantages: they can’t be lost or damaged, users can instantly and securely prove their rights, and they can easily update the Home Office with any changes in their information or documentation via their UKVI account.
The eVisa system has been in place for several years, particularly for EU citizens applying through the EU Settlement Scheme (EUSS) post-Brexit, Skilled Work visa applicants, and individuals from Hong Kong applying for the British National Overseas visa. However, as of January 1, 2025, all paper documents will be entirely phased out in favor of digital statuses.
The ORG, however, warns that the eVisa should not be seen as a straightforward digital counterpart to traditional immigration documents. Unlike static paper forms, which can be accessed offline, eVisa holders must be online to retrieve their immigration status each time they need it. The group fears this could lead to situations similar to the Windrush scandal, where many migrants struggled to prove their immigration status.
“When users log into the Government View and Prove system through their UKVI account, they are not directly accessing their status,” the ORG explains. “Instead, their credentials are used to search for records across various databases.” Research indicates that over 90 different platforms and systems may be contacted to verify a person’s immigration status.
The ORG notes that the algorithmic processes used to determine which records to extract can result in errors, particularly if multiple records exist for the same individual. This raises the risk of conflating data belonging to different people with similar identifying details, such as names or birth dates.
The online-only nature of the eVisa design creates multiple concerns for users, including uncertainty about receiving accurate results, an increased likelihood of errors due to data retrieval from many servers, and potential mix-ups in personal information.
The ORG has also pointed to case studies from The3million—a grassroots group for EU citizens in the UK—that illustrate existing issues encountered by users transitioning to the eVisa. Many have experienced technical glitches, such as incorrect account details, system crashes preventing access to immigration statuses, and mixing up of their status with others due to flawed data integrity.
Previous problems from the EUSS rollout, including difficulties engaging marginalized communities and individuals lacking smartphones or internet access, have compounded these concerns. There were also issues with the automated system that incorrectly denied eVisas due to perceived gaps in residency, and significant server outages left some individuals stranded at borders.
The Home Office’s terms state it does not accept liability for any issues arising from using a UKVI account, indicating awareness of the technical challenges associated with the eVisa and preemptively protecting itself from legal claims.
To address the problems highlighted, the ORG recommends that the Home Office enable users to store a persistent version of their eVisa on personal devices to avoid the need for real-time database searches. For individuals with low digital literacy or those without access to modern devices, it suggests retaining a paper visa option, such as a printed QR code representing digital information.
Additionally, the ORG calls on the Home Office to conduct and publicly share assessments on human rights, equality, and data protection to demonstrate how it plans to mitigate the risks posed by the eVisa system.
Ultimately, the ORG positions the eVisa scheme within the context of the UK’s “hostile environment” policies, which aim to complicate the lives of migrants. They argue that this challenging design reflects the Home Office’s intent to revoke eVisas quickly and without adequate consideration of the repercussions.
