The immigration landscape is changing

On the 31st December 2024, the immigration landscape in the UK will undergo one of the most major changes in recent history.

On the 31st December 2024, the immigration landscape in the UK will undergo one of the most major changes in recent history. From this date onwards, those who require a visa to remain in the United Kingdom shall require an eVisa in order to prove, amongst other things, their right to lawfully reside in the United Kingdom, their right to work in United Kingdom and their entitlement to public funds. An online portal is created for each individual which is known as the eVisa.

For some time now, as the clock ticks nearer to the 31st December 2024, there has been much apprehension towards the new system amongst immigration practitioners about how this will be rolled out. Indeed, it was not until the summer of 2024 that the Home Office provided their first tranche of guidance on what the new system will look like.

In terms of what the eVisa is, the Home Office website, the eVisa is recorded as being ‘An eVisa is an online record of your immigration status and the conditions of your permission to enter or stay in the UK’. This change is huge as this applies to all those who live in the United Kingdom who are not British citizens. Prior to the eVisa, those who were on any kind of visa in the United Kingdom or who held Indefinite Leave to Remain, were provided with – in the majority of cases – a Biometric Residence Permit. This Biometric Residence Permit was a physical card which contained information about the card holder and their permission to reside in the United Kingdom.

The Home Office in relation to the roll out of the eVisa programme has cited cost and security as the two main reasons for switching to a digital-based system. The establishment of the EU Settlement Scheme does have some parallels to this eVisa scheme in the sense that there is some familiarity with an individualised portal which shows that person’s right to remain in the United Kingdom, a scheme which has been broadly successful (though it is worth saying that exigencies of space mean that the problems with that system cannot be covered here).

However, it is worth remarking that that scheme was extended due to problems in the system, and take up, and in relation to this eVisa scheme, it may well be that further time and a further transitional period is put in place in order to ensure compliance. In essence, while the 31st December 2024 is the cut-off date, it is likely that the effects of the new system will not be felt under 2025 at the earliest.

However, the eVisa system is much larger in scale and this naturally brings some concerns. The major difference as well is that the EUSS covered only EEA nationals and their family members. The eVisa system covers all individuals who require a visa to live in the United Kingdom.

Whilst there will naturally be many people who have already begun the transition to the eVisa, there is a worry that those who will require it will not apply in time or not apply at all. This is very reminiscent of the Windrush Scandal that came to light in 2018 and it is not unreasonable to think that similar outcomes will occur once again. The system that is envisaged is one which is still reliant on human input. The process is also not one which is truly automatic. When the application is completed, the individual still has to wait to receive confirmation that their eVisa is ready to view. This therefore means that there is still some reliance on someone at the Home Office checking their system and ensuring that the eVisa accurately surmises that person’s immigration status; easier said that done, right? This, in principle, would appear to be an easy task but where the Home Office is concerned, the right hand does not always know what the left one is doing. Human error is possible and with that human error come some pretty serious consequences.

The consequences of not being able to satisfactorily demonstrate one’s permission to stay in the United Kingdom are potentially severe. The unfamiliarity with the system amongst employers could mean that they have to dismiss staff that are not able to show their permission to work, and when they are threatened with a fine of £60, 000 for employing illegal workers, or a prison sentence, their reticence can be easily understood. Or what about the individual who has to fly abroad for a family emergency and is held up on return because the airline are not satisfied that that person has lawful residence in the United Kingdom? This could lead to family units being separated unnecessarily.

Those are just two scenarios that could arise, but both are very real and both have very serious consequences not only for family units, but also businesses and employers as well. For those who have sponsorship licences – including universities and colleges – compliance checks and internal records will have to be updated in a very short space of time in order to ensure that they do not fall foul of their compliance and reporting obligations.

In order to assuage the concerns amongst those to whom this change will affect, the Government has provided funding to community organisations and NGOs to assist with this transition. However, the field of immigration is regularly referred to as a minefield – and for good reason. There are many cases that are not straightforward and which are beset with complications that require legal advice and legal representations to be made.

The effects of this transition may not be felt for some time to come. However, what cannot be allowed to happen is for those who are amongst the most vulnerable and marginalised in society to be penalised or suffer disproportionate consequences. The implications of this scheme are far-reaching and it is said more in hope than expectation that this will go off without a hitch. Time will indeed tell what the future will hold in terms of the roll out of this scheme.

Written by Alexander J. Heeps

Alexander Heeps is an Associate and Head of Litigation at McGlashan Mackay Solicitors in Glasgow. Alexander joined McGlashan MacKay solicitors in 2018 and is a graduate of the University of Strathclyde and the University of Maastricht. McGlashan MacKay solicitors are immigration and asylum law practitioners with over 10 years of experience in the field.