Pawel Kopec & Noelia Martinez
International Migrants Day, observed on December 18th, offers a crucial moment to reflect on the systemic challenges migrants face in the UK. Recent developments highlight persistent barriers, including the UK government’s decision to postpone the full transition to eVisas—a move prompted by potential technical issues that could leave some migrants stranded abroad during the Christmas period—and the European Commission’s decision to take legal action against the UK for alleged failures to protect EU citizens’ rights under the Brexit withdrawal agreement. These issues underscore the difficulties migrants face in navigating immigration systems and accessing their rights.
International Migrants Day: Shifting the Narrative
International Migrants Day is often used to celebrate the contributions migrants make to the UK. While those contributions are significant, we believe it’s time to shift the narrative. Migrants should not have to “earn” respect or basic rights through their contributions to society. They deserve to be treated with dignity and have fair access to services simply because they are human beings.
Perhaps we can change the narrative about contributions to focus on ensuring that migrants can also contribute with their ideas, opinions, and experiences on issues that directly affect their lives. Too often, migrants are left out of critical conversations because agencies don’t know how to reach them. At the Citizens Rights Project, we ensure that these voices are heard by facilitating consultations and public conversations on matters that directly impact migrants’ lives. From participating in the Scottish Human Rights Bill discussions to contributing to the Fair Work Convention Hospitality Inquiry, Anti-Racism Observatory for Scotland, and Scottish Covid-19 Inquiry, we create spaces for migrants to engage meaningfully in shaping policies that affect them. These efforts are central to our mission of ensuring that migrants are not only included but valued as key stakeholders in decisions that affect their lives.
Moreover, since the inception of the Citizens Rights Project (CRP), we have consistently worked to ensure that authorities and decision-makers understand the realities faced by vulnerable EU nationals and the importance of maintaining vital support services. As funding becomes increasingly scarce, and as governments assume that support is no longer needed following the EUSS deadline, our work is more critical than ever.
We have consistently highlighted these issues through our annual reports, in articles in our blog, and most recently, on our briefing “Supporting EU migrants in Scotland: The Ongoing Impact of Brexit on Rights, Welfare, and Inclusion”, which we have shared with Scottish MPs, and ours Annual Report 2023/24. These reports provide valuable insights into the challenges migrants face and the indispensable role of services like ours, but if these are two long reads, we summarise it here for you.
Complex Immigration Systems
- Many migrants continue to struggle with the EU Settlement Scheme (EUSS). Despite being years past the EUSS deadline, CRP remains busy supporting new clients with these challenges. Each month, we address an average of 70 cases, including 18–20 new clients requiring direct support with EUSS applications and digital status issues. Of these, an average of three still require support with late applications. This highlights the troubling reality that some individuals remain undocumented, risking exclusion from essential rights and services.
- The rollout of eVisas to all migrant communities builds directly on the earlier challenges experienced with the EUSS, where the shift to a digital-only system exposed issues such as inadequate guidance, confusing terminology, and a lack of awareness among service providers. These unresolved problems are now compounding as tight deadlines push migrants to transition to eVisas, often without sufficient support. CRP is actively assisting migrants in Scotland with this transition, supporting with applications, and addressing issues such as confusion during travel, difficulties in proving their status, and a lack of clarity from the Home Office.
Welfare and Financial Hardship
- Migrants face challenges navigating welfare systems, exacerbated by language and cultural barriers, as well as misunderstandings and misinformation from service providers. Professionals such as social workers at councils often face limited resources, and frequent changes to immigration rules further compound the problem, leaving many without the necessary knowledge to provide accurate guidance.
- Financial exclusion and housing instability remain critical issues, particularly for those with pre-settled status who are increasingly falling into destitution due to failing the Habitual Residence Test (HRT) and being classified as No Recourse to Public Funds (NRPF). This leaves many unable to access essential benefits like housing support or financial assistance, highlighting the precarious situation they face as a result of systemic barriers and inadequate support.
Barriers to Accessing Justice
- Through our welfare work, we have witnessed how the lack of legal aid availability often leaves low-income migrants unable to pursue claims for unpaid wages, housing disputes, or other grievances. Vulnerable groups, such as those with No Recourse to Public Funds (NRPF), face compounded difficulties in securing support or legal representation, further exacerbating their precarious situations.
Discrimination and Miscommunication
- Employers, landlords, and even public services frequently lack awareness of migrants’ post-Brexit rights, leading to discrimination or the denial of services.
- This issue is compounded by confusion around digital immigration terminology, which is continuously updated by the Home Office without consideration for how it affects migrants. Initially referred to as “Digital Status,” the terminology evolved to include terms like “UKVI account” and now “eVisas.” These changes, coupled with generic communications sent to all migrants without clear distinctions, have caused widespread worry and confusion.
A recent Home Office communication about the transition to eVisas to all those with pre-settled or settled status significantly increased the number of queries we received, as many recipients believed they needed to take action or transition to another visa type. This highlights the importance of clear and targeted communication to prevent unnecessary anxiety and ensure migrants can navigate their rights confidently.
A Call for Support
On this International Migrants Day, as we reflect on the systemic challenges migrants face, we are reminded of the critical importance of sustained funding to ensure services like ours can continue to provide the support migrants need. We call on funders and governments at all levels to prioritize adequate and stable resources for organisations like ours, enabling us to advocate for and assist vulnerable EU migrants in Scotland.
If you believe in our mission, we invite you to contribute to our GoFundMe campaign: European Migrants in Scotland Need Your Support. Other ways to donate are available on our website: citizensrightsproject.org/donate. Your support helps us continue this vital work and ensures no one is left behind.
For more in-depth exploration of the challenges migrants face, we recommend the following reports:
- Migrants Facing Financial Disadvantage and their Needs for Support by Migration Policy Scotland
- Migrants’ Experiences of the UK immigration system by The Migration Observatory
- Ethnic Diversity and the EU Settlement Scheme by the3million
- Safeguarding workers on tied and temporary migration programmes by Worker Support Centre
* Featured image by Pawel Kopec. Taken in Heraklion, Crete.
*Image in text by Noelia Martinez. Taken in Marseille, France (2023)