Having spent the last 2 years stressing the need to the Home Office that it must avoid a “cliff-edge” cutoff for the creation of a UKVI account of 31 December 2024; suggesting mechanisms for alleviating issues; providing practical solutions; presenting evidence on those who will be detrimentally impacted by an intractable deadline; insisting that there must be a carefully considered and thought out phased in process so as to avoid digital exclusion for many; as well as ensuring that the system works efficiently and cohesively; and being rebuffed for using that phrase – it comes as a welcome surprise that, as we approach the deadline, it appears the Immigration Minister has finally taken on board all concerns communicated to the Home Office, and will now delay the roll-out.
Bindmans, along with other law firms and organisations, have been at the forefront of presenting mounting evidence highlighting technical “glitches” that leave people unable to access their UKVI accounts or which show incorrect details/entangled status or information with someone else’s details. The problems are not only limited to visa holders being able to show their right to live and work in the UK – long-term permanent residents of the UK are facing challenges in demonstrating permanent status in the UK or an ability to return to the UK.
Whilst there has yet to be an official Home Office confirmation of the delay of the roll-out or bust approach (as of 3 December 2024) it would appear from recent press reports that Seema Malhotra, the Minister, has announced a postponement. It is reported that the Home Office will deliver a programme of communications to airlines and other international carriers to require them to accept immigration documents which will expire on 31 December 2024. We welcome this breathing space for those still grappling with creating a UKVI account or experiencing difficulties in demonstrating their immigration status due to flaws in the system. However, the eleventh hour nature of the abrupt about-turn could have been avoided had the current and previous Ministers taken real account of the building evidence presented to Home Office representatives over time.
We understand that Ministers have acknowledged that insisting the roll out occur over a national holiday and on a Bank Holiday of 1 January 2025 is less than ideal – the optics of hundreds of thousands of travellers experiencing difficulties in returning to the UK after the winter break should previously have given considerable pause for thought. However, the more important focus must be to remedy a digital immigration view and prove system which, riddled with potential glitches, pulls from too many other government sources which are not always in sync, and is error prone. The current platform leaves too many people without the ability to prove their immigration status in the UK, and there are both access problems and system problems.
Bindmans very much welcomes this development and we urge the Home Office to properly set up an immediate transparent consultation to examine the clearly apparent issues with the roll-out and the system itself.
It is vital that the Home Office and Minister fully take on board and embed in the system the expertise of those who work in the immigration system representing those who interface with it, and allow for a properly executed phase in. This starts with ensuring that those traveling over the upcoming festive period do not face boarding refusals because airlines, ferry or international train operators are confused as to what documentation or digital evidence they are able to accept.
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