MDP’s view on Voter ID, eVisas and migrants’ ability to vote
Background
The Elections Act 2022 introduced various electoral reforms, including the need for voters to show a Photo ID at the polling station in order to cast their ballot.
The list of eligible IDs to use at the polling station include:
Passports;
Biometric residence permits (BRPs) and;
National Identity cards issued by an EEA state.
The General Election in 2024 was the first Parliamentary election where all voters across the UK were required to show Photo ID to vote. The introduction of mandatory Photo ID brought difficulties for voters across the UK. However, it has disproportionately impacted certain groups over others.
The Electoral Commission evaluated this impact after England’s May 2023 local elections. Its evaluation highlighted the disproportionate barriers created for voters from disadvantaged backgrounds, younger voters, and those from minority ethnic backgrounds.
MDP is primarily concerned with the impact of how the Government’s move to eVisas alongside the introduction of mandatory Photo ID to vote can have unintended consequences on migrants’ ability to cast their vote in UK elections.
Currently certain migrant communities have the right to vote in England and Northern Ireland. They are:
Qualifying Commonwealth residents with leaver to remain or who do not require leave to remain
UK Residents from countries who have signed voting rights agreements with the UK (Poland, Spain, Denmark, Portugal, and Luxembourg)
Any other EU nationals who received permission to enter or stay - or not needed permission, since 31st December 2020.
Given this, MDP is concerned about the following issue affecting migrants’ ability to vote:
1) Introduction of digital immigration status
In addition to the introduction of voter ID, the government has also introduced plans to replace physical immigration cards with a digital immigration system. All physical immigration status cards, in particular BRPs, will expire on the 31st December 2024. UK residents with an immigration status will instead be accessing their records online, known as an eVisa.
EU citizens under the EU Settlement Scheme (EUSS) have already been accessing their status with no physical proof of such. However, this has not been without its problems. Organisations working across the sector, especially those working with vulnerable and digitally-excluded migrant residents have already highlighted the difficulties faced by many in accessing their digital status.
The impact of the digital system reaches far beyond simple entry at the border. People need to prove their status in different ways throughout their lives; barriers to such proof create issues around travel, benefit access, employment and more. People have already been reporting issues regarding e-Visas creating hurdles to opening bank accounts, accessing benefits, housing and more.
MDP continues to highlight and echo concerns raised across the sector regarding the new digital system, and calls on the government to maintain physical immigration status cards.
If and/or when a wholly digital system is introduced, MDP is concerned with whether it would cause eligible migrant residents to lose an acceptable form of voter ID. We call on the government to ensure that the move to an e-Visa system still ensures that eligible residents have adequate methods of providing voter ID on a given polling day.
We must therefore be able to gauge whether the Government has adequate plans in place to ensure those who had previously relied on physical BRP’s, are not unfairly burdened with additional barriers to voting.
Furthermore, if the digital e-Visa is made an acceptable form of voter identification, the digital system must be robust enough to work as a replacement for physical immigration status cards. We therefore join other organisations that have been calling on the government to ensure that the digital system does not falter.
MDP has been made aware that the introduction of the digital system has created needless issues. For example; some people have not had their status transferred, and others are being shown incorrect details. The robustness of any digital system is paramount to migrants' access to not just the voting booth - but for all aspects of their life.
2) Temporary loss of access to documents.
Migrant residents are occasionally required to send their original documents to the Home Office when applying or renewing their immigration status, which understandably remains a priority for residents.
During this process, residents temporarily lose access to their documents.. Therefore, in instances where polling day falls during a period where someone's documents are with the Home Office, they may be unable to voteMDP calls on the government to make sure that temporary loss of access to documents does not prevent people from voting on an election day. Including making sure requests for documents highlight this potential hurdle and signpost alternative methods of valid photo ID.
3) Disproportionate impact on migrants from disadvantaged and/or minority ethnic backgrounds.
Given the potential for photo ID to disproportionally impact voters from disadvantaged and/or minority ethnic backgrounds, we remain concerned that migrants from certain communities will face greater barriers to voting over others.
The government must further evaluate the impact of the introduction of voter ID on specific migrant communities. Ensuring that the implementation of photo ID does not disproportionately create hurdles for certain migrant communities.
4) Recommendations
MDP recommends the following to ensure that eligible migrant voters are not faced with additional challenges to democratic participation
If the government chooses to implement a digitalised immigration system, ensure that the eVisa is robust enough to be acceptable photo identification for eligible migrant voters.
For instances where eligible individuals may not have access to their documents, ensure that they are forewarned about alternative photo identification methods when requesting their documents.
Further evaluate any potential disproportionate effects voter ID may have on eligible migrant voters, including those from disadvantaged backgrounds.
For more information and help regarding eVisas, check out Right to Remain’s FAQ on the issue here
Sources:
The Electoral Commission (2023), Voter ID at the May 2023 local elections in England: interim analysis. [Online] Available at: https://www.electoralcommission.org.uk/research-reports-and-data/our-reports-and-data-past-elections-and-referendums/voter-id-may-2023-local-elections-england-interim-analysis.
