Migrants’ Experiences of the UK Immigration System: Key Insights

The Migration Observatory has recently issued a report on migrants’ experiences of the UK immigration system which identifies challenges in the system and considers how they could be rectified. These findings may help to better support migrants and advocate for improvements in the system. 

General Findings

An online survey “Lived Experiences of the UK Immigration System” focused on migrants’ experiences of the immigration application process, experiences proving right to live and work in the UK, and their knowledge of the rights and conditions attached to their immigration status. 

It has been reported that some migrants experienced issues proving their right to live and work in the UK as the person checking their status did not accept the proof provided, especially those with digital status and eVisas. This suggests that some migrants may be denied employment, healthcare or housing if those checking their immigration status are not familiar with the immigration system. This is especially concerning as the UK immigration system is moving towards becoming wholly digital, and biometric residence permits will no longer be valid from 01 January 2025, therefore it is crucial that those checking immigration statuses are fully aware of the rules.

Overall, the report portrays both negative and positive responses, suggesting that over half of the respondents did not find the visa application process difficult, but with around 14% of the respondents finding it “very or extremely” stressful, especially those who are non-EU citizens.

Challenges and Issues

Complexity of the Rules

The complexity of the Immigration Rules often leaves migrants feeling uncertain about their rights in the UK and the conditions attached to their status. Migrants reported concerns about meeting the Immigration Rules and being complaint, highlighting the need for clearer guidance and support within the immigration system to make the law more accessible.

Digital issues

Migrants with eVisas reported more problems proving their status compared to those with physical documentation, such as those with Biometric Residence Permits. This issue is critical as it can result in denial of employment, housing, or healthcare. Those with digital status were also reporting errors such as having a different immigration status shown, further evidencing the need for improvements to be implemented.

Awareness of the Rules

There is a concerning lack of awareness among pre-settled status holders regarding their rights, particularly in relation to benefits and permitted absences from the UK. These gaps in knowledge can lead to unintentional non-compliance and potential legal issues.

Policy Implications

The Home Office’s plan to transition to a digital system by 01 January 2025 could worsen the existing issues if employers, landlords and other organisations are not adequately prepared.

Recommendations

Improving Awareness

There is a clear need for additional support to ensure migrants fully understand the rights and conditions attached to their immigration status. This includes targeted information campaigns and accessible resources.

Stakeholder Training

Comprehensive training programs for employers, landlords, and other organisations are crucial. These programs should focus on recognising and accepting digital documentation to prevent discrimination and ensure compliance with immigration laws.

The issues outlined above suggest that the immigration system could be made more accessible and the digital visa system more accurate to avoid any unnecessary legal burden on migrants. 
    
We are dedicated to our clients’ needs and are always at hand to provide support when needed. If you have any concerns about anything mentioned in this article, please contact our Immigration Team.

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The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.

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