UKVI Terms and Conditions (Exclusion of Liability)

Following an assessment of the UKVI Terms and Conditions, the IMA has identified potential concerns regarding the “Exclusion of Liability” clause, which appears to prevent citizens from seeking redress when they cannot access or use their digital status. As the UKVI account is the sole means through which individuals can evidence their EUSS status, any failure of the system directly impacts their rights under Article 18(1)(a) of the Withdrawal Agreement, which guarantees both the residence status and the document evidencing that status. The breadth of this clause may therefore undermine citizens’ ability to obtain appropriate remedies. The IMA is exploring this further with the Home Office and examining whether the clause is compatible with the UK’s obligations under the Agreements.