Introduction

Introduction

What we do

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) is an independent body that protects the rights of EU and EEA EFTA citizens and their family members living in the UK and Gibraltar are upheld following the departure of the UK from the EU.

Part 2 of the Withdrawal Agreement and Part 2 of the EEA and EFTA Separation Agreement (‘The Agreements’) protect the rights of UK, EU, EEA & EFTA citizens exercising certain free movement rights prior to the end of the transition period. They also protect the rights of certain family members of these citizens. The individuals whose rights are protected by The Agreements will be referred to as ‘qualifying persons’. The rights protected by the IMA will be referred to as ‘relevant rights’ and refer to any right created/arising under The Agreements or a corresponding right under domestic law so far as its effect has a bearing on The Agreements.

This guidance is published in accordance with paragraph 32 (1) of Schedule 2 of the European Union (Withdrawal Agreement) Act 2020 (‘EUWAA’)

The relevant rights we cover

The relevant rights that the IMA covers are set out in The Agreements.

Useful links

What we do Relevant rights

How we make decisions

We aim to use a common approach when making decisions about whether or not to take action, what the action might look like, and how to take that action. We consider the following five criteria to help ensure a consistent approach, adapting them to aid in a wide range of operational decision-making:

  • Power and authority to make the decision. This ensures that the IMA is legally able to make the decision, and that the correct person in the organisation with authority is identified to carry it out.
  • Strategic alignment. Checking that we’re making decisions in line with our priorities, which are set out in our strategy and our annual plan, keeps us focused on achieving our overall goals.
  • Impact. Assessing the likely value of our actions helps us to ensure that we’re being as effective as possible and making improvements for citizens.
  • Risks. We take time to identify a broad range of risks, the likelihood of them happening and the potential severity if they are realised. We think about who would manage the risks and how.
  • Resourcing and staffing. We want to make sure that we are prepared for actions that we decide to take. Being able to have the right resource in the right place and at the right time is crucial to taking effective action.

How we keep you updated

We communicate openly and transparently to continue to successfully monitor and promote the implementation and application of citizens’ rights and ensure people are aware of our work by publishing;

  1. Annual Reports and plans.
  2. Issues Log – this sets out current and past matters that we work on.
  3. Inquiry reports – this is a review by the IMA which seeks to determine whether the UK has failed to comply with the citizens’ rights agreements or has acted / is proposing to act in a way which prevents a citizen exercising their rights. It enables the IMA to identify any recommendations it considers appropriate to promote the implementation or application of The Agreements.
  4. Legislation Monitoring Reports– explain whether any legal changes are compatible with the Citizens’ Rights Agreements. They help citizens to better understand their rights and can highlight where things may have gone wrong to assist Public Authorities to avoid similar issues.
  5. IMA Annual Survey Reports – this sets out the key findings and assessments drawn from survey results.
  6. Legal proceedings and court interventions – this sets out our litigation activities and interventions in cases that has already been brought before a court by a third party.