We need a physical document to prove our rights
The Government refused to listen to our repeated requests to provide a physical document as a backup to digital status. As such, we filed a claim at the High Court on 18 February 2021 to challenge the policy on the basis that it discriminates against some of the most vulnerable members of our society who are unable to access and prove their status using the online system. Our case is supported by specialist organisations representing older people, disabled people and people from the Roma community.
Please pledge your support to our case here
If you experienced a problem proving your status, please report it here
See our September 2020 parliamentary briefing below,
In order to be able to survive in the UK, everyone has to be able to navigate the ‘hostile environment’
The Government deliberately created this hostile environment in 2012 - effectively delegating its border control responsibilities to service providers like employers, landlords, banks, schools, universities, the Department of Work and Pensions, and the NHS. You have to prove you’re legal at every turn.
Currently, British citizens and EEA/Swiss citizens can do so by showing a passport, non-EEA citizens by showing an immigration document. (See for example page 3 of this Right to Rent Guidance, and page 7 onwards of this Right to Work Guidance).
From July 2021 however, EEA/Swiss citizens will no longer be able to prove their rights by using their passport.
Instead, we will need to prove we have pre-settled or settled status, using a digital-only status.
HOW DOES IT WORK IN PRACTICE?
So what is the problem with proving pre-settled or settled status?
This is where it gets extremely problematic – we won’t have a physical proof of our status.
Instead, consider what happens if someone wants to prove their right to work to a prospective employer. They first need to access their status via a website, by providing their passport / ID number and some security questions. They then fill in the employer’s email address, the system attempts to send an email with a code to the employer, who then needs to find another website, enter the code along with some security information, and finally sees a screen with a photograph and proof that the citizen has a right to work - not very simple right?
We argue this is unacceptable, see our briefings:
Wasn't there a petition about this? How did the Government respond?
A petition to demand physical documents as proof of settled and pre-settled status was rejected by the Government, with their main argument being “The EU Settlement Scheme protects the rights of EU citizens in UK law and gives them a secure digital status, which unlike a physical document, cannot be lost, stolen, damaged or tampered with”. We provide a lengthy solid rebuttal of their response here, for those of you interested in the detail.
We all know the risks of digital-only systems, almost daily we experience and read about systems being temporarily unavailable, hacked, records breached. But even more shockingly, we have already seen specific problems with settled status.
There is the case of a Dutch woman whose settled status photograph was swapped for a different photo, without her knowledge or consent. Her status was tampered with.
There is the case of a German citizen who checked their settled status one day and found the photograph had completely disappeared. Their status was damaged.
This citizen then tried to check that they would still be able to access their right-to-work check – it failed! Their status was lost for all practical purposes.
The error message stated that they need instead to use their backup physical proof – EU passport or national identity card, or biometric residence card. After 2020, this will no longer be an option.
A digital only status is a recipe for disaster, which will cause widespread discrimination and anxiety. There are many in our society who struggle with digital skills - these government approved statistics show 22% of people do not have the Essential Digital Skills needed for day-to-day life in the UK. Some citizens are being helped to get status, but are then not able to access that status when they need it without needing further help.
We want a status that is ours - with proof that we can hold in our hands – not a status that could disappear or be altered or tampered with by the Home Office or malign agents without our knowledge or consent.
For more detailed information:
t3m.org.uk/t3m_PhysicalProof - Parliamentary briefing on why we need physical documents to evidence our status
Poll commissioned by the3million of employers on knowledge of changes in UK immigration system
t3m.org.uk/PhysicalDocuments - earlier briefing on reasons for physical
t3m.org.uk/DigitalOnlyStatus - earlier briefing on reasons against digital-only
t3m.org.uk/t3m_rebuttal_physicalproofpetition - a detailed comprehensive rebuttal of the Government’s arguments for rejecting a petition asking for physical proof of status.
- The Residential Landlords Association (RLA) have taken the Government to court over the discriminatory nature of the Right-to-Rent scheme. Research showed that 20 per cent of landlords said that they were less likely to consider letting property to EU or EEA nationals.
Finally, our publications library page lists our campaigning and lobbying documents all the way back to 2016.