Immigrants struggle to access basic rights, survey finds

Some immigrants are struggling to get work and access housing or healthcare because they don’t always know their rights, or because the person checking their status often doesn’t know the rules or understand the paperwork properly.

Those are the main takeaways from a recent Migration Observatory survey of over 5,000 non-UK citizens who shared their experiences of the immigration system.

Immigration policy often assumes migrants understand the rules and can follow them easily.

But the survey shows that this isn’t always true.

Differences between EUSS and non-EUSS statuses

The survey compared experiences of those with EU Settlement Scheme (EUSS) status to those with non-EUSS statuses, like work or family visas.

The EUSS scheme was created in 2019 to make sure EU citizens and their non-EU families who were living in the UK before 31 December 2020 were able to keep the rights they had before Brexit.

One of two statuses is given to you, depending on how long you’ve lived in the UK:

• temporary pre-settled status – for those who have lived in the UK for fewer than five years
• permanent settled status – if they’ve continuously lived in the UK for at least five years or more

Overall, more than half of respondents said they did not find the application process difficult, while 40% said it wasn’t stressful.

Generally, the EUSS process was simpler, leading to fewer people needing help, while those who would be given non-EUSS statuses often asked for support.

But while many found the process manageable, some faced significant challenges, particularly non-EUSS applicants who reported more stress and difficulty.

EUSS pre-settled status holders

While both EUSS statuses allow people to work, live, study and claim benefits, those with pre-settled status have less security.

This means holders need to meet certain eligibility criteria – e.g. to claim benefits – unlike those who are settled.

But the change in rules since the EUSS was introduced have made things more complicated.

Pre-settled status holders were less aware of their rights than those who were settled or held a non-EUSS status, especially when it came to benefits and how long they were allowed to be outside the UK before losing their status.

Common problems

The most common problem for those trying to prove their immigration status was their proof not being accepted by the person checking their status.

This has been particularly problematic for those with digital eVisa documents.

About 43% of respondents said their proof of status wasn’t accepted and 15% faced access issues because they lacked technology or didn’t know how to generate a share code.

Migrant Observatory warns that more misunderstandings could happen as the Home Office shifts to digital-only documentation.

The importance of understanding rights and responsibilities

It’s important to understand your immigration status as you might be missing out on support, such as benefits and healthcare.

Around 20% surveyed didn’t know if they could access benefits and many pre-settled status holders were unsure about how to upgrade to settled status, which would give them more rights and security.

While most temporary migrants can’t get benefits in the UK, refugees and some pre-settled status holders who meet conditions may be entitled to benefits.