Date Legislation considered: 12 October 2024

Date Legislation in force: 8 October 2024 in respect of the changed to Appendix EU

Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Residence

What does the legislation do?

The Immigration Rules (“the Rules”) are statements by the Secretary of State as to how she will  exercise her power to regulate immigration. 

The Statement of Changes make several changes to the Immigration Rules, not all of which are  relevant to the EU Settlement Scheme (“EUSS”).  

The detailed rules for the EUSS are contained in Appendix EU 

The EUSS enables EU, EEA EFTA and Swiss citizens living in the UK by the end of the transition  period on 31 December 2020, and their relevant family members to obtain UK immigration status  (either pre-settled status or settled status) to live in the UK.

The main changes relevant to the EUSS and the work of the IMA are as follows:

Appendix ETA National List

The Statement of Changes introduced Appendix ETA National List which extends the requirement  to obtain an Electronic Travel Authorisation (‘ETA’) to eligible EU and EEA EFTA citizens.    

The ETA Scheme was first announced in a Statement of Changes in March 2023. An ETA is a digital  permission to travel to the UK. Home Office Guidance can be found here.  

EU and EEA EFTA citizens and their family members, with a visa or with status under the EUSS, are not required to obtain an ETA to travel to the UK.  

Automatic conversion from pre-settled status to settled status

Paragraph EU4 of Appendix EU has been changed to make provision enabling the Secretary of State  to automatically convert a grant of pre-settled status to settled status without a valid application having been made, where the Secretary of State is satisfied that the requirements for settled status  are otherwise met. These changes are part of a package of measures introduced by the Home  Office following the High Court’s decision in R (Independent Monitoring Authority for the Citizens’  Rights Agreement v Secretary of State for the Home Department. 

Definition of ‘required date’

The definition of ‘required date’ in Annex 1 to Appendix EU has been changed to require a joining  family member to apply to the EUSS within three months of their first (not latest) arrival in the UK  since the end of the transition period, or later where there are reasonable grounds for their delay. 

Curtailment of pre-settled status  

Annex 3 to Appendix EU has been changed to enable the Secretary of State to curtail a grant of  pre-settled status (subject to a right of appeal) for helping another person after the end of the  transition period fraudulently to obtain, or to attempt to obtain, entry clearance to or leave to enter  or remain in, the UK. 

Other changes to the Rules relevant to the EUSS include:  

• Provision applying the procedural provisions in Annex 2 to Appendix EU when considering  whether an individual granted pre-settled status continues to meet the eligibility  requirements;  
• Provision enabling a child who was resident in the UK before the end of the transition period,  and who has turned 21 since the end of the transition period, not to have to meet a  requirement of dependency on their parents in their application for EUSS status; and
• Simplification of the requirements for family members of EU and EEA EFTA citizens with a  retained right of residence when applying for status under the EUSS after the death or  divorce of the EU or EEA EFTA citizen.

The changes made by the Statement of Changes are summarised in the Explanatory Memorandum presented to the UK Parliament alongside them.

Comments

From 2 April 2025, anyone visiting the UK who does not already have UK immigration status or a  visa will be required to obtain an ETA before travelling to the UK.  

The IMA is discussing with the Home Office the impact this may have on citizens with a pending  valid EUSS application, and an update will be provided once this engagement is concluded. 

The IMA is also continuing to discuss the change to the ‘required date’ for joining family members  to apply for status under the EUSS. Whilst the IMA acknowledges that the guidance on ‘reasonable grounds’ for making a late application may serve to mitigate the effect of the change in some  circumstances, it is concerned that the change is incompatible with Article 18 WA/Article 17 SA.  The IMA’s view is that the time limit for joining family members to make an application under the  Agreements is only engaged when they arrive in the UK and seek to reside by virtue of their  relationship as an immediate family member of the sponsor in exercise of their rights under the  Agreements. The Home Office does not share this view.  

Finally, the IMA is concerned that the change to the curtailment provisions which allows the Home  Office to curtail status in circumstances where an individual has not engaged in fraud in relation to  their own application to the EUSS – but has done so in respect of an application made by another  person – is not compatible with Article 20(3) WA/Article 19(3) SA (which refer to A35 CRD). The  IMA’s view is that in cases where the PSS/SS holder is a ‘facilitator’ or ‘third party’ and does not

gain any advantage in terms of his own residence, A35 will not apply. The Home Office does not  agree, and IMA officials are continuing to discuss the issue with the Home Office. 

Any citizen experiencing difficulties in exercising their rights is encouraged to report a complaint  through the IMA Portal.  

The IMA also encourages any EUSS applicant, who has experienced any difficulties travelling to the  UK, to tell us about their experiences via our dedicated inbox at travel@ima-citizensrights.org.uk 

Further information about the IMA and guidance on how to report complaints can also be found on  the Website.