Physical documents proving residence rights to be replaced by online visas at end of year despite functionality concerns

Kathleen Harper has been asked for proof of her 50 years in the UK. Photograph: David Levene/The Guardian

People who have been UK residents for decades are worried they could find themselves “locked out” of the country at the end of the year when eVisas come into force.

The scheme means many physical immigration documents such as biometric residence permits (BRPs) or biometric residence cards (BRCs) need to be replaced by online visas, which critics have said do not work properly.

The current permits show proof of the right to reside, rent, work and claim benefits in the UK, but critics says that owing to flaws in the eVisas’ design, rollout and implementation, there could be problems.

There is particular concern about the 200,000 people in the UK who have legacy documents proving their right to be in the country, and who are expected to first apply for a BRP and then apply for a UK visas and immigration account. As with the Windrush scandal, these tend to be older people who may not know they need to apply for an eVisa until they try to access health or other public services.

Kathleen Harper, 78, an American actor, was given indefinite leave to remain in 1974. It was documented as a stamp in her paper passport. The Home Office did not send her any information about the eVisa scheme and she knew nothing about it until a friend living in the US told her he had read about it.

Despite having had indefinite leave to remain for half a century, she has in effect been asked to reapply for the right to be in the UK. The Home Office has requested proof that she has lived in the UK for each of the 50 years she has been in the country.

“I don’t know what kind of proof the Home Office needs of my 50 years in the UK, and when I asked them they couldn’t really tell me. I’m fortunate that because I’ve worked here as an actress for so long there are a lot of records of my work,” Harper said. “I’m still waiting to hear about when I will get an appointment with the Home Office about my eVisa. I’ve had two strokes, one a TIA, and I’m finding the whole thing very stressful.”

She told the Guardian that when she spoke to a Home Office official about her concerns, she was told she would not be proactively deported but may not be allowed back into the UK if she travelled abroad. She has booked a family holiday to Sri Lanka in January and she is fearful she may not be allowed back into the UK.

Many others with a right to reside in the UK but who are not British citizens share her concerns. One British man is fearful that his foreign-born wife will be locked out of the UK the next time she travels to her home country to see her family. “My wife now has her eVisa. It shows a photo and a date of birth but not a passport number. I don’t understand how a foreign airline will accept this as proof of immigration status,” he said. “It looks like the kind of thing you could knock up on Photoshop.”

Sara Alsherif, the programme manager for migrant digital justice at the Open Rights Group, said: “Yet again, migrants are living in fear that they won’t be able to prove their right to be in the UK because of a flawed Home Office programme. Many have travel plans and are understandably worried that they may be denied entry back into the UK after Christmas.

“With just weeks until the Home Office’s self-imposed deadline, we are at a crisis point. The government has to recognise that the scheme is flawed and take urgent action to prevent another Windrush scandal from happening in the new year.”

Monique Hawkins, the policy and research officer at The3million, a support organisation for EU citizens in the UK, said: “We’ve seen people who, despite having secured their immigration status, suddenly found themselves unable to prove their rights. Errors in the system have caused people to lose job offers, housing agreements, and even become stranded abroad.”

The minister for migration and citizenship, Seema Malhotra, said: “Everyone with physical immigration documents is urged to take action now to switch to an eVisa, and I want to reassure those who need it that free advice and support is available. An eVisa cannot be lost, stolen or tampered with, and allows visa holders to instantly and securely prove their immigration rights. Switching won’t change, impact or remove a customer’s current rights or immigration status.”

Harper said: “The way the Home Office are behaving makes me feel like I don’t count. I thought I belonged here, but now I don’t. I have to start proving my rights all over again.”