New digitised visas to prove right to benefits

Brie

Not sure where better to place this so please move if required....

A friend highlighted to me an article in the guardian about the deadline at the end of the year for getting a digitised visa for non EU residents in the UK.  This bit struck me:

"Biometric Residence Permits (BRPs) – given to all foreign nationals with permission to live in the UK for at least six months – demonstrate proof of an individual’s right to study, access public services and claim benefits. But they are being replaced under the Home Office’s digitisation programme."

OK so as a non EU foreign resident with a permanent right to remain but no BRP what should be my reaction?   The article points out the issues with the Windrush Scandal show how fragile one's rights can be.  

‘Rushed’ deadline for UK digital visas puts millions at risk of losing legal rights (msn.com)

Must admit I've always wondered if the UK government would ever need to know where I am as I don't think there's anything to link my nationality/passport/visa to me as an individual living in this country.

Muttleythefrog

They've had years to get this switchover right but yes you can imagine some will fall through the gap. It wasn't cleverly thought through how you'd deal with particularly those with ILR but I imagine most affected migrants will be asking the questions and getting themselves an electronic registration sorted out. 

marcia_

 Australia has a fully digitised systems with an online portal you, potential employers, benefits etc can check your visa status. 

Muttleythefrog

marcia_ said:

 Australia has a fully digitised systems with an online portal you, potential employers, benefits etc can check your visa status. 

Yes.. and that's the idea here too I understand.... but we are Britain and everything doesn't work..lol. In fairness though there will be transitional issues.... the onus probably on the migrants themselves to pick up the slack (not least since Home Office may not have up to date contact details for those affected) and query how they prove their status when their BRP runs out (end this year or sooner) while for migrants with no unlimited status new visa applications will deal with the issue.

OhWow

Brie said:

Not sure where better to place this so please move if required....

A friend highlighted to me an article in the guardian about the deadline at the end of the year for getting a digitised visa for non EU residents in the UK.  This bit struck me:

"Biometric Residence Permits (BRPs) – given to all foreign nationals with permission to live in the UK for at least six months – demonstrate proof of an individual’s right to study, access public services and claim benefits. But they are being replaced under the Home Office’s digitisation programme."

OK so as a non EU foreign resident with a permanent right to remain but no BRP what should be my reaction?   The article points out the issues with the Windrush Scandal show how fragile one's rights can be.  

‘Rushed’ deadline for UK digital visas puts millions at risk of losing legal rights (msn.com)

Must admit I've always wondered if the UK government would ever need to know where I am as I don't think there's anything to link my nationality/passport/visa to me as an individual living in this country.

Your passport, nationality, gender etc is linked to your immigration record. 

Report a change of cirumstances, lists the requirements that must be reported on a visa . 

https://www.gov.uk/change-circumstances-visa-brp/youre-in-the-uk-and-dont-have-a-brp

and on a BRP

https://www.gov.uk/change-circumstances-visa-brp

It's likely benefits also have a record somewhere of your nationailty? In 2011(2012?) the UK announced they will keep records of the nationality of those claiming UK benefits, following on from HMRC reporting the billions being paid in the benefit Tax Credits in 2010, to those who did not have British Citizenship when they applied for a NINo

The e-visas started in 2018. "Since 2018, millions of customers have received an eVisa online, for example through the EU Settlement Scheme." https://www.gov.uk/guidance/online-immigration-status-evisa#what-is-an-evisa

The BRP (for those using UK immigration rules) has had an expiry date of December 2024 for ages now, because of the digital system coming in from 2025. Although many needed to get a BRP as they reported a change of their circumstances, or they needed a BRP to be able to work.

You will need to apply for an e-visa. There is lots on this on the gov.uk site and has been since they announced years ago, that e-visas were being brought in. You might want to read this one? https://www.gov.uk/guidance/online-immigration-status-evisa#how-do-i-get-an-evisa-and-a-ukvi-account

Brie

OhWow said:

Brie said:

Not sure where better to place this so please move if required....

A friend highlighted to me an article in the guardian about the deadline at the end of the year for getting a digitised visa for non EU residents in the UK.  This bit struck me:

"Biometric Residence Permits (BRPs) – given to all foreign nationals with permission to live in the UK for at least six months – demonstrate proof of an individual’s right to study, access public services and claim benefits. But they are being replaced under the Home Office’s digitisation programme."

OK so as a non EU foreign resident with a permanent right to remain but no BRP what should be my reaction?   The article points out the issues with the Windrush Scandal show how fragile one's rights can be.  

‘Rushed’ deadline for UK digital visas puts millions at risk of losing legal rights (msn.com)

Must admit I've always wondered if the UK government would ever need to know where I am as I don't think there's anything to link my nationality/passport/visa to me as an individual living in this country.

Your passport, nationality, gender etc is linked to your immigration record. 

Report a change of cirumstances, lists the requirements that must be reported on a visa . 

https://www.gov.uk/change-circumstances-visa-brp/youre-in-the-uk-and-dont-have-a-brp

and on a BRP

https://www.gov.uk/change-circumstances-visa-brp

It's likely benefits also have a record somewhere of your nationailty? In 2011(2012?) the UK announced they will keep records of the nationality of those claiming UK benefits, following on from HMRC reporting the billions being paid in the benefit Tax Credits in 2010, to those who did not have British Citizenship when they applied for a NINo

The e-visas started in 2018. "Since 2018, millions of customers have received an eVisa online, for example through the EU Settlement Scheme." https://www.gov.uk/guidance/online-immigration-status-evisa#what-is-an-evisa

The BRP (for those using UK immigration rules) has had an expiry date of December 2024 for ages now, because of the digital system coming in from 2025. Although many needed to get a BRP as they reported a change of their circumstances, or they needed a BRP to be able to work.

You will need to apply for an e-visa. There is lots on this on the gov.uk site and has been since they announced years ago, that e-visas were being brought in. You might want to read this one? https://www.gov.uk/guidance/online-immigration-status-evisa#how-do-i-get-an-evisa-and-a-ukvi-account

ok - but you're talking about 2018 but my visa was granted in 1985.  I've not claimed benefits (other than about 2 weeks of JSA a year back and no one asked about anything).

So I'm left with the idea of what immigration record.  This will be the same problem of Windrush people and however many more between that time and when I arrived in the late 80s.  No computer record, paper records (if any) so no government record (I'm guessing).  

Must admit most times when I enter the country and an actual immigration person looks at my 1985 visa they say "oh never seen that before!!" so obviously I'm a bit of "queer duck".  (if that's still an allowed term!!)

HillStreetBlues

Brie said:

OK so as a non EU foreign resident with a permanent right to remain but no BRP what should be my reaction?   The article points out the issues with the Windrush Scandal show how fragile one's rights can be.  

‘Rushed’ deadline for UK digital visas puts millions at risk of losing legal rights (msn.com)

Must admit I've always wondered if the UK government would ever need to know where I am as I don't think there's anything to link my nationality/passport/visa to me as an individual living in this country.

Would it be worth getting an BRP?

OhWow

Brie said:

OhWow said:

Brie said:

Not sure where better to place this so please move if required....

A friend highlighted to me an article in the guardian about the deadline at the end of the year for getting a digitised visa for non EU residents in the UK.  This bit struck me:

"Biometric Residence Permits (BRPs) – given to all foreign nationals with permission to live in the UK for at least six months – demonstrate proof of an individual’s right to study, access public services and claim benefits. But they are being replaced under the Home Office’s digitisation programme."

OK so as a non EU foreign resident with a permanent right to remain but no BRP what should be my reaction?   The article points out the issues with the Windrush Scandal show how fragile one's rights can be.  

‘Rushed’ deadline for UK digital visas puts millions at risk of losing legal rights (msn.com)

Must admit I've always wondered if the UK government would ever need to know where I am as I don't think there's anything to link my nationality/passport/visa to me as an individual living in this country.

Your passport, nationality, gender etc is linked to your immigration record. 

Report a change of cirumstances, lists the requirements that must be reported on a visa . 

https://www.gov.uk/change-circumstances-visa-brp/youre-in-the-uk-and-dont-have-a-brp

and on a BRP

https://www.gov.uk/change-circumstances-visa-brp

It's likely benefits also have a record somewhere of your nationailty? In 2011(2012?) the UK announced they will keep records of the nationality of those claiming UK benefits, following on from HMRC reporting the billions being paid in the benefit Tax Credits in 2010, to those who did not have British Citizenship when they applied for a NINo

The e-visas started in 2018. "Since 2018, millions of customers have received an eVisa online, for example through the EU Settlement Scheme." https://www.gov.uk/guidance/online-immigration-status-evisa#what-is-an-evisa

The BRP (for those using UK immigration rules) has had an expiry date of December 2024 for ages now, because of the digital system coming in from 2025. Although many needed to get a BRP as they reported a change of their circumstances, or they needed a BRP to be able to work.

You will need to apply for an e-visa. There is lots on this on the gov.uk site and has been since they announced years ago, that e-visas were being brought in. You might want to read this one? https://www.gov.uk/guidance/online-immigration-status-evisa#how-do-i-get-an-evisa-and-a-ukvi-account

ok - but you're talking about 2018 but my visa was granted in 1985.  I've not claimed benefits (other than about 2 weeks of JSA a year back and no one asked about anything).

So I'm left with the idea of what immigration record.  This will be the same problem of Windrush people and however many more between that time and when I arrived in the late 80s.  No computer record, paper records (if any) so no government record (I'm guessing).  

Must admit most times when I enter the country and an actual immigration person looks at my 1985 visa they say "oh never seen that before!!" so obviously I'm a bit of "queer duck".  (if that's still an allowed term!!)

I'm saying 2018 as that is when the digital e-visas started according to the link I gave above and millions are already using this system. From 2025, the UK is using the digital e.visas for everyone granted permission to live in the UK.

I assume you were granted  ILR in 1985 and that is a stamp in an expired passport? And you carry that old passport too, to be able to let back in the UK when you travel? Non-EU citizens could not use Free Movement until the court case in 2004 against the Republic of Ireland, so I'm guessing you have ILR (which is for those who used the UK immigration laws). AFAIK, the UK keeps the records of those who are granted Settlement (your ILR). 

Although an old passport with an ILR stamp can still be used to enter the UK atm, in 2014 to stop illegal working, these needed to apply for a BRP to show an employer. ILR expires if the holder resides outside the UK for 2 years and the Home Office would use the exit and entry records to see if these had a valid ILR and could have a BRP. As the link I gave above states, those with an ILR in an old passport who had a change of some circumstances, also needed to apply for a BRP.

There are still those with an ILR stamp in an expired passport who were not required to get a BRP or who never applied to be a British Citizen (and then get a British Citizen passport).

If you read the last link I gave, it states-

If you have another physical document

If you have indefinite leave to enter or indefinite leave to remain (also known as settlement) and you currently prove your rights through a different type of physical document, such as a wet-ink stamp in your passport or a vignette sticker, then you should make a ‘no time limit’ (NTL) application.

If your NTL application is successful, you’ll get a BRP to prove your rights. You should carry your BRP, along with your passport, when travelling internationally. Once you have a BRP, you’ll be able to create a UKVI account to access your eVisa later this year.

https://www.gov.uk/guidance/online-immigration-status-evisa#full-publication-update-history

Brie

@OhWow
Oh Wow is right!!  what a can of worms that all opens up!!!  Did my parents ever enter the UK? Yes.  When?  I don't know but they visited several times.  When did I first enter the UK - well that I know!  But at the time I was told as long as I returned to the UK at least once every 2 years that was fine whereas this document makes it look like I had to have resided here continuously.  

Given that I'm eligible (as far as I know) on more than 1 account to live permanently in the UK I believe it will all be ok but how to prove some of it?  Provide all my old passports?  Don't have them all as that would be a large pile of little books given that they needed to be renewed every 5 years until very recently!!!  think I have maybe 5 of the 8 requested!!  

Muttleythefrog

Brie said:

@OhWow
Oh Wow is right!!  what a can of worms that all opens up!!!  Did my parents ever enter the UK? Yes.  When?  I don't know but they visited several times.  When did I first enter the UK - well that I know!  But at the time I was told as long as I returned to the UK at least once every 2 years that was fine whereas this document makes it look like I had to have resided here continuously.  

Given that I'm eligible (as far as I know) on more than 1 account to live permanently in the UK I believe it will all be ok but how to prove some of it?  Provide all my old passports?  Don't have them all as that would be a large pile of little books given that they needed to be renewed every 5 years until very recently!!!  think I have maybe 5 of the 8 requested!!  

Is naturalisation as British Citizen an option... removes any need down the line for proving immigration status although of course that would be something confronted in such an application.

OhWow

Brie said:

Did my parents ever enter the UK? Yes.  When?  I don't know but they visited several times.  When did I first enter the UK - well that I know!

I only searched and read the gov.uk site: the requirements are all on there. Any future changes are announced on there too.

I'm guessing that some of those questions are to do with Windrush? These new law changes on Windrush, seem to be far reaching and aren't just for those who entered under Windrush.

As Mutleythefrog has said, is applying for British Citizenship an option for you? Does your country allow dual citizenship?