Legal Experts Slam UK’s New e-Visa Plan as ‘Unfair and Dangerous
Manchester (Aaron Mirza): The UK government’s move to phase out physical biometric residence permits (BRPs) and replace them with digital e-visas has triggered warnings from immigration experts about a potential repeat of the Windrush scandal—particularly impacting non-European migrants and long-term UK residents.
From next year, non-EU immigrants will be required to prove their right to live and work in the UK through e-visas, as part of the Home Office’s new digital immigration system. This change means individuals who have legally lived in the UK for decades will now have to provide solid evidence of their residency status—potentially every year.
Immigration lawyers and advocacy groups are raising serious concerns. The Immigration Law Practitioners’ Association (ILPA) recently wrote to the Home Office, criticizing the requirement for long-standing residents to apply for No Time Limit (NTL) documentation before they can receive an e-visa. These applications, which may take up to six months to process, require individuals to prove continuous residence and that they have not left the UK for more than two years—otherwise, they risk losing their Indefinite Leave to Remain status.
Critics argue that the Home Office has failed to maintain proper records, and now places the burden on elderly and vulnerable residents—many of whom lack digital skills or only possess outdated paper documentation.
Tanya Goldfarb, head of the business immigration team at legal firm Bindmans, stated,
“It is deeply unjust to expect people who have lived in the UK since childhood to prove decades of residency. Many of them are now elderly and being re-traumatized by a system that once welcomed them.”
The Home Office has confirmed that individuals must apply for a BRP before they can transition to an e-visa, but observers warn that this process could unfairly criminalize law-abiding residents, especially those who cannot meet the strict documentary requirements.
As the December 31 deadline for BRP validity approaches, concerns are growing that the rushed digital rollout will lead to wrongful exclusions and further bureaucratic failures—echoing the mismanagement that led to the Windrush crisis.
About the Author
