Home Office's online service must now be used to evidence right to work and right for all migrants
The Public Law Project (PLP) has criticised the significant changes made to the way migrants in the UK need to prove their immigration status for right to work and right to rent purposes.
Image credit: UK GovernmentThe changes became law yesterday, as the Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022 came into force.
Under the regulations, all migrants in the UK are now required to evidence their right to work and rent using the Home Office's online service only. Using a biometric residence permit or card is no longer permitted.
A digital-only system for proving immigration status has already been in use for EU nationals as part of the EU Settlement Scheme (EUSS). Yesterday's changes now extend this online system to all non-EU national migrants.
In a 5-page briefing, PLP says the Government's use of secondary legislation to make this change was inappropriate.
PLP said such a major policy change should have been debated in parliament and implemented via primary legislation.
The briefing explains: "The long-established principle behind the UK's system of delegated legislation is that primary legislation is for 'matters of policy and principle', whereas delegated legislation is for 'the regulation of administrative procedures and technical areas of operational detail'. The reason for this principled distinction is that policies that will have significant impacts on the public at large or on minority groups are deserving of full parliamentary scrutiny and debate, which they will not receive when placed in delegated legislation, which is 'subject to much briefer, if any, examination by Parliament'."
PLP is concerned that yesterday's changes have not been well publicised.
The briefing also highlights the problems EU citizens have experienced using a digital-only system for proving immigration status. It notes that the3million campaign group has reported "a wide variety of problems with the system … including such difficulties as the system showing someone else's status, wrongly showing their status as pending when pre-settled status had been granted to them or showing an error message as well."
PLP further notes that a digital-only system creates barriers to justice. Certain groups, such as older people and those with disabilities, are more likely to not use or not be familiar with the internet.
Given the impact on the lives of non-EU migrants, PLP says the use of secondary legislation is "unacceptable" and calls into question the democratic legitimacy of the regulations.
Following the changes, the Home Office yesterday issued new guidance for employers and new guidance for landlords.