IMA focus on citizens’ rights in Gibraltar

We met with Chief Minister of Gibraltar, Fabian Picardo, members of his government, other key stakeholders to discuss the situation for EU nationals and their families living in Gibraltar.

The IMA also held a drop-in event for citizens where we answered queries relating to their rights.

The June 2025 agreement between Gibraltar, the United Kingdom, and the European Union provided a relevant and important context for our visit. The agreement, according to the UK Government, is intended to promote the region’s future prosperity by eliminating all physical barriers, checks, and controls on individuals and goods moving between Spain and Gibraltar.

Some important themes and topics emerged from our engagement, some of which are set out below.

Gibraltar’s declaratory system: A distinct approach to EU Citizens’ rights under the Withdrawal Agreement

Gibraltar’s approach to managing EU citizens’ rights diverges significantly from that of the UK. Unlike the UK, Gibraltar operates a declaratory system, a distinction that carries important implications for policy and practice.

The Withdrawal Agreement (WA) allowed each country to choose between a constitutive or declaratory system to verify people’s rights. Under the constitutive approach, individuals eligible for rights under the Withdrawal Agreement must formally apply for immigration status, as seen with the EU Settlement Scheme (EUSS) in the UK. In contrast, Gibraltar adopted a declaratory scheme, so those eligible for Withdrawal Agreement rights automatically acquired them without the need to apply for a new status.

As a result, EU nationals and their families face distinct requirements in Gibraltar, which is a key aspect for understanding how rights are exercised there.

Cohorts and Rights: A Complex Landscape

Gibraltar, like the UK, recognises multiple cohorts of EU nationals with differing rights:

• Pre-Brexit residents with WA rights fall under the remit of the IMA.
• Post-Brexit arrivals do not generally benefit from WA protections.
• A possible new cohort – those arriving and working in Gibraltar after the June 2025 agreement

This complexity underscores the need for clear policy, guidance and robust monitoring mechanisms to ensure rights are upheld.

Rising Demand and Policy Implications

During our visit, we heard that since the June 2025 agreement was reached, there has been a surge in residency applications to Gibraltar. There is some concern in Gibraltar that the proposed removal of checks at the border may further encourage increased migration.

Whilst we recognise this needs to be carefully managed, we discussed how this must not undermine any of the rights promised when the UK and Gibraltar left the EU. It is essential that policy changes continue to support WA beneficiaries, ensuring their rights are not diluted or overlooked. We are seeking assurance from the Government of Gibraltar that the recent announcement regarding new residency applications will not impact citizens’ rights.

Social Support and Equity Concerns

While the residents we met generally reported satisfaction with their quality of life, there continues to be some reported concerns about access to social support.

This was apparently linked to questions surrounding the criteria used to assess applications, the perceived fairness of decision making and transparency regarding resource allocation.

We have raised concerns with the Gibraltar Government in respect of Social Housing to ask that it properly takes account of the rights afforded to EU nationals and their family under the WA and have asked for the Chief Minister’s support in resolving this.

Healthcare access challenges for EU Citizens in Gibraltar: Eligibility, cross-border treatment, and ETA Concerns

Access to healthcare was reported to be a concern for some of the people we talked to. The requirement for patients to prove their eligibility for free treatment, which can be particularly difficult for those with serious illnesses who have not kept their proof of eligibility up to date, was identified as a challenge for some.

Occasionally, patients at Gibraltar’s hospital require transfer to Spain or the UK for specialised treatment which is unavailable locally. The forthcoming implementation of Electronic Travel Authorisations (ETAs) for travel to the UK has raised concerns about potentially complicating access for EU nationals residing in Gibraltar who need to travel to the UK for healthcare purposes.

This issue was formally addressed with the Health Minister of Gibraltar, Gemma Arias-Vasquez. The IMA understands that EU and EEA nationals living in Gibraltar will not be excluded from the new ETA requirements.

Supporting Implementation and Messaging

During our meetings with the Gibraltar Government and its public services, the IMA reiterated its commitment to supporting the correct implementation of the WA, by promoting relevant rights including equal treatment and the right of entry and exit from Gibraltar.

The IMA is uniquely positioned to explain rights from the perspective of the WA, ensuring that stakeholders understand the scope and limitations of protections.

Perceptions vs. Reality

Lastly, some citizens expressed the view that there is a perception that policy can disproportionately favour Gibraltarians.

Addressing both perceived and substantiated concerns is key to maintaining trust and ensuring equitable treatment for EU nationals and their family living in Gibraltar.

What’s next? We will continue engaging key stakeholders in Gibraltar to promote the WA as the new agreement is finalised. We’ll seek opportunities to clarify citizens’ rights and offer supporting resources, including additional details on our website’s FAQ page. Additionally, we will monitor the impact of new policies, legislation and initiatives, such as Electronic Authorisation Cards, to ensure rights are fully protected.