“As more than 4 million people face a cliff-edge on 31st December, whoever forms the next government needs to act quickly to avert catastrophe.”
By Josephine Whitaker-Yilmaz, Praxis, for Migrants and Refugees
With the 4th July bearing down upon us all, it is by now almost a truism that whoever forms the next government will have their hands full fighting fires on all fronts, as they deal with myriad problems facing our society.
Despite Farage’s best efforts to make this an “immigration election”, the debate has remained mainly focused upon other issues, like tax, investment in our public services and standards in public life. Where immigration has entered the debate, it’s been pretty one dimensional, focused on small boat crossings and the need to reduce net migration, with little else in between.
In reality, the next government will find themselves facing a number of acute problems in the immigration and asylum systems that require urgent attention. Some of these have received a few minutes of airtime in the election debate, such as how the groaning backlog in our asylum system can be cleared (spoiler alert: it involves making actual asylum decisions). Others don’t appear to be on any party’s radar at all, yet threaten to create chaos in the lives of millions.
Nothing illustrates this better than the move to a digital-only immigration system, a process due to be “completed” by 31st December 2024.
This will see millions of people who currently hold physical documents that prove their immigration status, like a biometric residence permit or a stamp in their passport, required to set up and use an online account instead. It might not seem like a big deal given that so much of our lives is now online. But for those who have migrated to this country, being able to prove your immigration status on demand is absolutely critical to exercising your basic rights.
Thanks to the hostile environment, which handed the job of immigration status checks to ordinary people like doctor’s receptionists, private landlords and small businesses, as a migrant you’re expected to be able to readily produce proof of your status.
One might think that, given the stakes involved – and the sheer numbers affected (more than 4 million people, according to freedom of information data obtained by the Helen Bamber Foundation) – the digital system would by now have been rigorously tested and debugged, robust data protections put in place, and a carefully thought-through communications and support plan deployed by the Home Office months ago. After all, transitioning millions of people to a new system on which their lives can literally depend is no mean feat.
And yet this is absolutely not what has happened. Instead, communications to visa holders began only in March, and messages have been cryptic, contradictory and inconsistent. We’ve seen multiple examples of data breaches, where an individual’s photo may appear on their account with the name and date of birth of someone completely different. There doesn’t appear to be a coherent communications plan in place. And contracts for advice-providing organisations to support those who might need help navigating the transition offered when there is little more than 6 months to go until the transition is due to be completed.
It’s not as if the Home Office doesn’t have experience in this area. A digital-only system was introduced for EU citizens during the Brexit negotiations, which required people to set up an online account to apply for and/or prove their status and rights in the UK. Aside from the difficulties of reaching everyone who needed to do this (and there are still people coming forward today who were not aware of the requirement, five years later), particular problems arose for those who had any level of difficulty in navigating an online system.
At Praxis, our experience of supporting vulnerable people to apply through this system was that the elderly, anyone with a mental health issue, and those experiencing homelessness were particularly likely to struggle – and could face severe consequences as a result. Consequences like losing a job, being denied access to treatment, or losing your immigration status entirely.
The Windrush Scandal showed us clearly what can happen when people have their ability to prove their rights taken away by Home Office blunder – and how difficult it can be to rectify these mistakes. Many lost their livelihoods, and thousands are still waiting for compensation. Unfortunately, it doesn’t seem like enough has been learned from these experiences to result in a change of course.
As more than 4 million people face a cliff-edge on 31st December, whoever forms the next government needs to act quickly to avert catastrophe. The best solution would be to extend the transition period, and continue issuing and accepting physical proof of status until there is certainty that everyone who might need to can prove their status through the online system – as we have advocated together with other experts in the field.
Additionally, urgent risk-mitigation measures must be put in place, including:
- A 24/7 support service, available for free and accessible from anywhere in the world, to provide live support to anyone encountering difficulties;
- Greater investment in communications to ensure that as many people as possible are aware of what they need to do before the deadline;
- Discretion for anyone who misses an application deadline because they were unable to access their online account, so they do not lose their immigration status as a result.
This impending disaster is yet another example of what can happen in the absence of sufficient and independent scrutiny of the Home Office. Despite promises made in the wake of the Windrush Scandal, the Conservative Government has watered down and even ditched some of its commitments – a move the High Court just last week ruled unlawful. Given the enormous power that the Home Office wields over people’s lives – and the deep harm it is capable of doing – stronger accountability must be high on the next government’s agenda too.
- Josephine Whitaker-Yilmaz is the Policy and Public Affairs Manager at Praxis, for Migrants and Refugees.
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