IMA Welcomes Clarification Of Rights For Citizens In New Law
The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) welcomes the coming into force of a new law today that provides EU and EEA EFTA citizens and their family members with EU Settlement Scheme (EUSS) status with greater certainty about their rights.
Section 45 of the Border Security, Asylum and Immigration Act 2025 follows extensive discussions between the IMA and the UK Government as well as discussions with the European Commission and stakeholders to ensure that this new legislation resolves the concerns that we have raised.
With some limited exceptions, the Act provides that all EUSS status holders will be treated as if they have rights under the Withdrawal Agreement and Separation Agreement (“the Agreements”) even if some do not technically do so. This will ensure public authorities will not look beyond an individual’s status and accept status as proof of rights under the Agreements.
The IMA published a legislation monitoring report earlier this year which provides further details (including details on limited exceptions) regarding the legislation.
Eligibility rules for the EUSS require applicants (other than joining family members) to have been living in the UK on 31 December 2020. This differs to the Agreements which require individuals to meet certain conditions such as being a worker, self-employed, student or self-sufficient in the UK on 31 December 2020.
The IMA had raised concerns that this difference may mean that some citizens had to re-prove their eligibility under the Agreements, despite holding EUSS status, which could lead to difficulties accessing their rights. We hope this new legislation will prevent this from happening.
The IMA will monitor the implementation of the Act to make sure that its aims are achieved. Anyone facing difficulties accessing their rights should contact the Independent Monitoring Authority. More information on rights for EU and EEA EFTA citizens is available on the IMA website.