Immigration Rules Keep Changing, And The Confusion Can Cause Real Problems For Migrants

(MENAFN- The Conversation) A nationwide plan to digitise immigration documents recently came into force. Since January 1, millions of foreign nationals who live in the UK must now use digital-only status documents, as all biometric residence permits expired at the end of 2024.

The Home Office says an online system will mean faster processing times and lower risk of fraud. However, the rollout has created significant problems for some migrants, with reports of non-citizens being denied entry to the UK after border agents did not accept their proof of status.

My recent work with colleagues at the Oxford Migration Observatory suggests this was predictable. When migration rules and processes change, non-citizens are less likely to understand the rules. This can have serious consequences, as their access to housing, employment and healthcare hinges on their ability to show they have a valid immigration status.

Even when migrants do understand the rules, they may still experience problems proving their status if the people they interact with – such as employers and landlords – do not, or if the processes are unclear. This has been the case for some Ukrainians in the UK , who have been unable to renew their tenancies and face losing their jobs because of uncertainty surrounding visa extensions.

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The results of an online survey by the Migration Observatory reveal non-UK citizens' knowledge of the rights and conditions attached to their immigration status. The survey asked respondents which immigration status they held, a question not usually included in British surveys or the census.

Using this data, we compared the experiences and understanding of people who received their status under the EU Settlement Scheme (EU citizens and their family members who came to the UK under EU free movement rules) and those with“non-EUSS” statuses (typically non-EU citizens arriving on family, work or study visas).

We found that migrants were less likely to understand their rights and responsibilities when immigration rules related to their situation had recently changed.

There was, for example, no consensus among EUSS pre-settled status holders (people who arrived in the UK under EU free movement but have lived in the UK for fewer than five years) as to whether their status had an expiry date. While 72% said their status would not expire, 17% said they would need to reapply, and 11% did not know. For comparison, 99% of respondents with temporary immigration statuses – such as a work or family visa – knew their status had an expiry date.

One likely reason for the confusion is that the situation is genuinely a bit complicated and keeps changing. When the EU settlement scheme was introduced, pre-settled status lasted for only five years. People who did not upgrade to the more secure“settled status” would see their leave expire.

However, since December 2022 , people with pre-settled status can stay in the UK indefinitely if they still meet the original eligibility criteria. Rules on permitted absences (the amount of time somebody can spend outside the UK without it affecting their immigration status) have also changed several times.

Similarly, almost a third of in-work pre-settled status holders did not know they were eligible for most benefits, such as universal credit. This is another area where the rules have evolved following several court cases. A surprisingly high share also did not know they were entitled to free NHS hospital treatment.

By contrast, pre-settled status holders were more likely to know they could work for any employer, an area where the conditions for access have been consistent. This suggests that some people who are not aware of what they are entitled to access may refrain from seeking support they require.

To access the labour and housing markets, receive secondary healthcare, or get married, migrants must show they hold valid leave (permission to live in the UK). At the time of the survey, most non-EUSS status holders could show a physical document, such as a biometric residence permit.

Most EUSS status holders, however, had a digital eVisa. This is a relatively new addition to the immigration system. People with an eVisa prove their status by presenting a“share code” linked to gov.

Most respondents from both groups – 92% – had not experienced issues proving their right to live and work in the UK. However, problems were more common among people with a digital-only status than with physical documentation.

Read more: Clearing the UK's asylum backlog has led to rising refugee homelessness

In addition, this group faced different challenges - 48% of digital-only respondents who encountered an issue said it was because the person checking their status would not accept the proof provided, compared to 29% of people with physical documentation.

While most people with a digital-only status were confident they could generate a share code to demonstrate their status to an employer or landlord, a substantial minority of older respondents lacked this confidence. People who had experienced a problem proving their status in the past also lacked confidence, and they considered having a physical card to prove their status to be more important to them.

The challenges migrants face in navigating the UK immigration system are unlikely to disappear - rules and processes will continue to evolve in the years ahead in response to changes in UK migration patterns more broadly. However, policymakers cannot assume that everyone understands the rules, particularly when they keep changing.

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