The online-only, real-time nature of the Home Office’s upcoming electronic visa (eVisa) scheme, which trawls dozens of disparate government databases to generate a new immigration status each time someone logs in, is error-prone and “deeply problematic”, according to the Open Rights Group (ORG).
Under long-planned changes to the UK’s immigration system, physical documents are set to be replaced with an online immigration status that will be accessed via a UK Visas and Immigration (UKVI) digital account.
According to the Home Office, the eVisas will explain “the immigration status of the holder, including the conditions of the immigration permission such as any limitations on their right to work” and allow them to “share relevant information about their status securely with third parties, such as employers or private service providers such as letting agencies”.
It claims there are a number of benefits in moving to electronic visas, including that it cannot be lost, stolen or damaged; that people can “prove their rights instantly, accurately and securely to anyone who requests it while sharing only necessary information”; and that it will enable people to “easily keep the Home Office updated with any changes in their details or documentation” via their UKVI account.
The Home Office has been issuing eVisas for several years – including to European Union citizens who applied to the EU Settlement Scheme (EUSS) after Brexit, those applying for Skilled Work visas, and people from Hong Kong applying for the British National Overseas visa – but paper documents will be completely phased out and replaced with the digital status from 1 January 2025.
However, according to a report published by the ORG, the eVisa should not be understood as a digital equivalent of physical immigration papers – which remain constant every time they are viewed and can be used offline – as users must be connected to the internet to generate their immigration status in real time, every time they need to prove it.
The campaign group argues the eVisa scheme will lead to a repeat of the Windrush scandal, where countless migrants will be unable to prove their immigration status.
“When users enter their details to log into the Government View and Prove system [in their UKVI account], they are not accessing their status directly, but rather their credentials are being used to search and retrieve dozens of different records held on them across different databases,” it said, adding that research has identified over 90 different platforms and casework systems that immigration data may be pulled from within the UKVI ecosystem to determine a person’s status.
“View and Prove uses an algorithmic and probabilistic logic to determine which data to extract and which e-records to use when it encounters multiple records, i.e. in instances where people have renewed or changed their immigration status, or appealed an incorrect decision. It is these real-time and opaque automated checks that generate a person’s immigration status, which they can then share with an employer, landlord or international carrier.”
The ORG said the online-only design choice creates multiple problems for users, including making it “impossible” for an individual to be certain that they will get a correct result on any particular occasion; increased potential for incorrect decisions as a result of people’s records being pulled from “numerous servers”: and the details of two different people being conflated in instances where they, for example, share the same name or date of birth.
Computer Weekly contacted the Home Office about the ORG eVisa report, but received no on-record response.
Issues already present
Referring to case studies gathered by The3million – a grassroots organisation for EU citizens in the UK – the ORG added that those who have started transitioning to the eVisa have already been met with “countless technical issues”, including seeing incorrect details on their accounts; being unable to access their immigration status when they need to due to system crashes; and having their status “entangled” with someone else’s as a result of data quality or integrity issues.
It also noted issues with the roll-out and implementation of the EUSS scheme, including problems reaching out to marginalised communities and people without access to smartphones or the internet; glitches with the automated triage system that led to people being denied their eVisa based on “gaps in their residence”; and days-long server outages that have left people stranded at borders.
Because the Home Office states in the eVisa terms and conditions that it will take no liability for any problems, disruptions, or direct or indirect losses when using a UKVI account – including for “any information that is lost or corrupted while data is being transmitted, processed or downloaded from the UKVI account” – ORG added this implies the organisation “is already aware of the many technical issues with the eVisa scheme and is pre-emptively protecting itself against legitimate legal claims”.
To avoid the issues outlined in its report, the ORG said the Home Office should create some means for people to store a persistent version of their eVisa on a device, which will prevent the real-time trawling of various databases and allow people to access their immigration record offline.
For those with low digital literacy, those who do not have a modern phone, or those in a range of vulnerable situations, the ORG said the Home Office should continue to allow paper visas: “These could be a paper front-end to a digital result, such as a printed QR code… It should not be a requirement that everyone must use specific and modern devices.”
It further called on the Home Office to conduct and publish human rights, equality and data protection impact assessments to show how it is approaching and mitigating the risks associated with the eVisa system.
Ultimately, the ORG argues that the eVisa scheme should be seen in the context of the “hostile environment”, a set of policies “intended to make life in the UK as difficult as possible for migrants choosing to live there”.
“It would seem reasonable to assume that the ‘hostile environment’ is likely to have informed this deeply problematic and extreme design decision, which in short makes accessing the eVisa very difficult and prone to various kinds of error.”
It added the eVisa’s design “is due to the Home Office’s desire to rescind eVisas whenever possible and as soon as possible, without sufficient regard for the consequences”.