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Concerns raised by Refugee Council about impact of eVisas on refugee homelessness

Refugee Council has a new report out today, “Rescue, Recovery and Reform: Towards an effective asylum system”. The report covers all aspects of the asylum system and makes several sensible recommendations, however I wanted to highlight in particular the ongoing lack of clarity around newly recognised recognised refugees and eVisas. The report states:

The move-on process for refugees granted asylum in autumn and winter 2024 will be additionally complicated by the switch from Biometric Residence Permits (BRPs) to eVisas. From 31 October 2024, it is expected that anyone with a positive asylum decision will need to access a digital eVisa to prove their status in the UK rather than having a physical BRP. Proof of immigration status is crucial to be able to complete several vital steps during the move-on period, including opening a bank account, securing housing or applying for welfare benefits. However, in order to access their eVisa, a refugee will need to have a UKVI account, which can only be created using a passport or existing BRP. The vast majority of newly recognised refugees will either not have a passport or the Home Office will be holding it.

Given refugees only have 28 days between the decision on their asylum claim and their entitlement to Home Office accommodation and financial support ending, any delay caused by problems accessing an eVisa could have severe consequences. At the time of writing, there is no publicly available information about any plans the Home Office has in place to mitigate these risks.

In guidance to local authorities on eVisa transition issued on 8 October 2024, the Home Office has apparently said that they “are considering how this will change when we stop issuing BRPs later this year”. The Home Office finally publicly confirmed yesterday that it will no longer issue biometric residence permits after 31 October 2024, which is only two weeks away.

Refugee Council has made the following recommendations in their report:

  • Extending the move-on period from 28 days to 56 days after someone receives a decision on their asylum claim. For newly recognised refugees, this should start from when they are able to access their eVisa. This would bring it in line with the period given to local authorities in the Homelessness Reduction Act 2017 to work with other individuals and families at risk of homelessness.
  • Ensuring that newly recognised refugees receive all the documentation relating to the decision on their claim and the ending of their Home Office support at the same time. There must also be a clear and transparent process in place for refugees to access their eVisa.

The Home Office needs to publicly explain as a matter of urgency what the process will be for newly recognised refugees after 31 October 2024 and adopting these recommendations would be a sensible step forward.

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Sonia Lenegan

Sonia Lenegan is an experienced immigration, asylum and public law solicitor. She has been practising for over ten years and was previously legal director at the Immigration Law Practitioners' Association and legal and policy director at Rainbow Migration. Sonia is the Editor of Free Movement.

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