03.03.2026

IMA Keeps a Close Eye on Digital Status Judicial Review

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) is closely watching a judicial review challenge to the UK Visa and Immigration (UKVI) eVisa system which is due to be heard before the High Court on 3-4 March 2026.

The claimants in the case, who have non-EU Settlement Scheme forms of immigration status and are not claiming rights under the Withdrawal or Separation Agreements (the Agreements), say they have experienced problems with their eVisa.  

They argue that it’s unlawful for the Home Secretary to refuse to provide them with an alternative form of status to their digital eVisa in these circumstances. The claimants’ case is that the issues they have experienced are not isolated incidents, citing evidence from organisations such as the3million. 

While the case does not directly concern the Agreements, the case may have implications for EU Settlement Scheme (EUSS) status holders, who also rely on their eVisa to prove their status. 

The IMA is actively looking into potential issues with eVisas and has been speaking with the Home Office to better understand how the system works and the assurances they can give should there be problems which might prevent EU citizens from being able to prove their status. 

Chief Executive of the IMA Miranda Biddle said, “Although this case does not relate to the Agreements, we are watching the outcome closely, in particular whether it could affect EU citizens whose rights we are responsible for ensuring are upheld by public bodies. 

“The Agreements allow for a digital‑only system, and while an eVisa works for many people, we have always been clear that the system must never prevent citizens from proving or accessing their status. 

“If any EUSS status holders are experiencing issues with their eVisa, I would urge them to contact us. Their experiences will help inform our ongoing discussions with the Home Office.” 

Anyone experiencing difficulties in relation to their rights is encouraged to contact the IMA either via our complaints portal, or via other routes including our Your Story form.