17 Oct Home Secretary facing legal action over eVisa system issues and linked policies
The Administrative court has granted permission for judicial review in our eVisa policy challenge on significant wider public interest ground. The SSHD is accused of having an unlawful policy of only issuing proof of lawful status through eVisas, and failing to issue alternative proof of status outside of this system.
Background
On 1 January 2025, the UK Government implemented eVisas – a digital-only record of immigration status for millions of people. Since then, an eVisa is the only means by which many can prove their lawful residence in the UK and evidence their linked rights and entitlements. Previously, immigration status was verified through physical documents, such as Biometric Residence Permits.
While the Government has presented the digitalisation of immigration status as a move toward efficiency and modernisation, the eVisa system has been fraught with technical and administrative failures. Examples of the failures include individuals being unable to access their eVisa, while others have found their digital status contains inaccurate or outdated information regarding their personal details and or immigration status. These issues have often resulted in severe consequences including individuals being prevented from returning to the UK, losing employment offers, being unable to rent, facing homelessness and being denied access public funds.
While the Home Office has a number of what it refers to as ‘work arounds’ including ways for landlords, employers and others to verify immigration status using the system and provides ways to report eVisa issues so that they can be fixed, including an online form, a webchat function, and a helpline — these avenues are often inadequate due to issues such as delays which leaves individuals without proof of their lawful status and exposed to the full force of the hostile/compliant environment.
Our challenge
We have been instructed by a number of individuals who have found themselves without proof of their lawful status in the UK as a consequence of the issues with their eVisa accounts, and been exposed to the hostile/compliant environment. Two of our clients, BSC and JS, subsequent to the resolution of the issues with their eVisa accounts, have now been appointed as Lead Claimants in our the policy challenge which continues on significant wider public interest grounds.
In the case of BSC, a recognised refugee and survivor of trafficking, the eVisa displayed her trafficking name and date of birth. The consequences of this were wide ranging, but most significantly they were retraumatising and put her at risk of losing public funds she relied on to survive. Whilst in JS, a vulnerable adult, the eVisa incorrectly stated that she had no recourse to public funds. As a consequence, she was denied access to public funds and had to rely on limited asylum support payments for months longer she should have. In both cases, the eVisas were fixed months later after we issued the claims.
Unfortunately, our clients’ experiences are not isolated. According to recent reports gathered by the3million and the Immigration Law Practitioners’ Association (ILPA) reporting tool, some of the most common complaints about the eVisa system have included basic errors such as incorrect personal details, issues getting the Home Office to fix errors, and the inability to access eVisa at all[1].
Given the above, we have challenged the Home Secretary’s unlawful policy of only issuing proof of status, to around ten million individuals, through the eVisa system only and refusing to issue alternative proof of status outside this system (even when there are issues with individuals eVisa accounts).
Our challenge focuses on the fact that the statutory framework does not prevent the Home Secretary from issuing alternative proof of immigration status. In fact, the Home Secretary has discretion to do so where appropriate. Her refusal to do so is therefore arguably unlawful as it is a fetter of her discretion and irrational.
On 9 October 2025, the Cardiff Administrative Court granted us permission to proceed with the challenge on the basis that the grounds are arguable and in the public interest. This is a significant development which has taken us a step closer to hopefully establishing a much-needed safeguard in the eVisa system which will mean that individuals such as our clients are no longer left at the mercy of the eVisa system to prove their lawful immigration status in the UK.
We would like to thank the following orgs for their invaluable help in our clients’ challenge to the eVisa system: The 3Million, Citizens Advice Barnet, Citizens Advice Bournemouth Christchurch and Poole, Migrants Organise, Notre Dame Refugee Centre, Refugee Asylum Seeker & Migrant Action, Southwark Law Centre, and the Unity Project.
We will continue to advise and support individuals and organisations navigating eVisa issues. If you, or someone you support, are experiencing difficulties accessing or correcting your eVisa account our team is available to assist.
The Claimants are represented by Ahmed Aydeed, Unkha Banda, Eleanor Hanmer, Natalie Hawes of Deighton Pierce Glynn instructing Tom Hickman KC (Blackstone Chambers), Christopher Knight (11KBW) and Donnchadh Greene (Doughty Street Chambers).
[1] https://the3million.org.uk/publication/2025080101
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