The IMA’s statutory role is to monitor and promote the effective implementation of rights of EU and EEA EFTA citizens and their family members under the Withdrawal and Separation Agreements (the Agreements). 

Following a complaint by an EU citizen living in Gibraltar, the IMA was concerned that the previous Scheme excluded citizens who had not yet acquired permanent residence from eligibility to join the housing waiting list. The IMA considered that this was incompatible with the Agreements. 

The IMA and His Majesty’s Government of Gibraltar (HMGoG) have worked together to resolve this issue. In November 2024, HMGoG, assured us that the Scheme would be revised, recognising its commitment to uphold the rights of citizens protected by the Agreements.  

Recently, IMA Chair Nicole Lappin, wrote to Fabian Picardo, Chief Minister of Gibraltar, to urge the Gibraltar Government to implement and publish the revised Housing Allocation Policy without further delay. 

Chief Executive of the IMA, Miranda Biddle said: “We welcome HMGoG action to revise and update this guidance. 

“We would like to thank HMGoG and the Attorney General for their work in ensuring that eligible citizen’s rights are protected through the amendment to this policy.” 

If anyone has concerns about whether their rights have been impacted, this can be reported to us via our complaints’ portal. Citizens can also share their experiences by contacting us and sharing your story.      

More information about these rights can be found on our website. Here are some useful contacts, should you need further help.    

The IMA was established following Brexit as a result of the Withdrawal and Separation Agreements, with two statutory duties: to monitor and promote the rights which impact millions of citizens, as set out in those Agreements.

These duties help us to mind the gap – this means we are part of the efforts to close the gap between the rights citizens are entitled to and what they are able to access in practice – enabling them to continue contributing to the UK and Gibraltar.

Throughout December, we will be hearing from different citizens on our social media channels about what life in the UK and Gibraltar looks like for them as part of our I’MA Citizen series.

We will also reflect on the results of our recent survey, five years on from Brexit, which found that barriers to accessing rights remain a problem for some citizens.

Our latest survey of more than 2,200 EU and EEA EFTA citizens and their family members shows that while 97% of respondents are aware of their rights, one in five reported experiencing difficulties in accessing them, including the right to work, live, and travel.

In addition to barriers to accessing rights, 35% of respondents reported feeling discriminated against by public bodies since Brexit. Half of those reporting discrimination were from ethnic minority backgrounds.

When the IMA was established at the end of December 2020, it was given powers to take legal action, receive complaints, and undertake inquiries to ensure that public bodies uphold the rights of eligible EU citizens.

Since then, we have engaged with citizens across the UK and Gibraltar examining hundreds of complaints and reviewing thousands of pieces of information to better understand the issues affecting them.

We have also used our powers in a number of ways, including:

• Taking legal action to ensure citizens with pre-settled status retain their rights if they do not make a second application. Without this legal action, the estimated 1.5m citizens currently holding pre-settled status would have been at risk of losing their rights to continue to live and work in the UK if they failed to take action to re-apply for status.

• Undertaking an inquiry into delays and issues with certificates of application under the EU Settlement Scheme (EUSS) which led to improved processing times for citizens
• Helping uphold the rights of EU citizens with pre-settled status who later seek immigration status under domestic abuse routes
• Working with bodies such as the DVLA, NHS, and local councils to resolve systemic barriers faced by EU citizens in accessing services including healthcare, housing, social security, and driving licences
• Undertaking assurance reviews across the UK to ensure local councils were applying for EUSS status for eligible looked-after children and care leavers, with hundreds of children having their status secured as a result
• Monitoring hundreds of pieces of new legislation to check compatibility with the Withdrawal Agreements
• Intervening in legal proceedings covering cases relating to citizens’ rights to apply for housing, healthcare, and certain benefits to help improve clarity for citizens and public authorities regarding rights under the Withdrawal Agreements.
• Securing a requirement for anyone bringing a legal case relating to EU citizens’ rights in England, Wales or Scotland to notify the IMA. This helps us better understand the experience of citizens and decide whether to intervene
• Publishing guidance for citizens and public authorities on a range of topics, including travel and entry to the UK, absences, using share codes, and securing the rights of children of parents with EUSS status

Information on all our work can be found on our website.

Miranda Biddle, IMA Chief Executive, said: “The IMA was established five years ago to ensure that the commitments to citizens’ rights made under the Withdrawal and Separation Agreements are upheld in practice by public bodies.

“We mind the gap so that citizens can contribute, grow, and thrive in the places they call home and continue to make a real difference to both the UK and Gibraltar. As we mark our fifth anniversary, we felt it was important to share some of their stories as we also reflect on the issues highlighted in our recent survey.

“Citizens’ rights are fundamental to the lives, families, and futures of those who call the UK and Gibraltar home. We also know that five years on from Brexit, these rights can be complex and, for some, challenging to access.

“We are therefore always keen to hear from citizens and stakeholders about any issues they might be facing so that we can continue to work with public bodies to bring swift resolution to any problems, ensuring that citizens and their families can exercise their rights with clarity and confidence.”

Anyone facing difficulties accessing their rights is encouraged to contact the IMA for support. Visit the IMA’s complaints page on our website for more information on the rights of EU and EEA EFTA citizens and their family members who have applied to the EUSS.

The committee has highlighted a number of themes, including the risk of a second Windrush-like scandal, the lack of awareness and understanding of the EUSS, the complexity of the system, and the gaps in data and information specific to Wales. ​  

These findings underscore the importance of safeguarding the rights of EU citizens as guaranteed under the Withdrawal and Separation Agreements. ​The recently published survey by the IMA echoed some of the concerns raised. 

We will be considering the committee’s report and look forward to continuing to work alongside key stakeholders and partners, to increase awareness of the rights of EU citizens. 

Dr Maike Bohn and Lynne Charles have been appointed following an open recruitment competition and assessment process, conducted in accordance with the Governance Code on Public Appointments.

Maike brings significant experience in strategic leadership, international engagement and public policy to the IMA. As Managing Director of Oxford in Berlin, she led the University of Oxford’s work in Germany and built wide-ranging partnerships across sectors. She is a co-founder of the3million and has held senior roles in executive education, public affairs and marketing at Cardiff University including at Jisc (Joint Information Systems Committee) and the Saïd Business School.

Lynne is a former civil servant, with over 20 years’ experience across a number of government departments, including the Foreign, Commonwealth and Development Office, the Cabinet Office and the Treasury, with a particular focus on EU and international affairs. Most recently, she served as Deputy Head of Mission at the British Embassy in Bulgaria. Prior to working for the British government, Lynne worked as an official of the European Parliament, with roles in Brussels and London.

Maike said, “The IMA’s work is essential to making sure EU citizens continue to feel a welcome part of UK society and their rights are upheld. I am honoured to support its vital role in protecting those rights and strengthening the sense of belonging for EU citizens in the UK.”

Lynne said, “I am delighted to join the Independent Monitoring Authority as a Non-Executive Director. The IMA plays a crucial role in ensuring that citizens’ rights under the Agreements are respected. I look forward to contributing to its work in promoting fairness, accountability, and trust for all those it serves.”

Nicole Lappin, IMA Chair said: “We are looking forward to welcoming both Maike and Lynne to the IMA Board.

“They both bring a wealth of relevant experience and different perspectives which I am sure will be invaluable to the work of the IMA.

“They are joining at a particularly interesting time for the IMA as we reflect on our fifth anniversary and consider what we have learnt in the preceding years as we continue to work towards making a difference to the lives of EU and EEA EFTA citizens and their family members.

“I would also like to take this opportunity to thank Punam Birly who is stepping down from the IMA Board in December after serving two terms as a Non-Executive Director. Punam has been on the IMA Board since its inception and has had a pivotal role in helping to establish and shape the IMA, for which, we are very grateful.”

Photo Caption: Dr Maike Bohn (left) and Lynne Charles (right)

Yesterday (20 November), the UK Government announced planned changes for the UK immigration system. These include changes to the system by which people can settle in the UK.

We recognise that the announcement may have led to concern among citizens who have, or are eligible to apply for, settled status through the EU Settlement Scheme (EUSS).

We can confirm that the proposed changes will not impact those that have status under EUSS and those that are eligible to apply.

The UK Government issued a consultation document, which says on page six:

“In line with the UK’s obligations under the Withdrawal Agreement, settled status under the EU Settlement Scheme (EUSS) is out of scope for both this consultation and the planned reforms. Grants of settlement related to the Windrush Scheme are also out of scope for both this consultation and the planned reforms. There will be no changes implemented for either scheme in relation to the settlement reforms.”

We have confirmed that this statement covers those with pre-settled status, those with pending applications and those who are eligible to apply for EUSS, as well as those that currently hold settled status.  This includes those who are eligible to apply for EUSS but do not fall within the protection of the Withdrawal and Separation Agreements (known as the ‘extra cohort’).

“If, however, you are concerned that your rights have been impacted, we continue to urge you to report your concerns to us via our complaint’s portal here. More information about what the rights are can be found on our website.

The IMA has published the results of its latest survey of more than 2,200 EU and EEA EFTA citizens, and their family members, living in the UK and Gibraltar.  

The findings show that while 97% of respondents are aware of their rights, one in five reported experiencing difficulties in accessing them, including the right to work, live, and travel. 

Of those who reported difficulties accessing their rights, 42% were still waiting an outcome on their EU Settlement Scheme (EUSS) application, 35% held pre-settled status, and 37% of those reporting difficulties were from an ethnic minority background.  

These figures are significant as citizens with pre-settled status or awaiting an outcome may find it more difficult to access their rights than those with settled status. 

READ THE FULL REPORT HERE 

In addition to barriers accessing rights, 35% of respondents reported feeling discriminated against by public bodies since Brexit. Half of those reporting discrimination were from ethnic minority backgrounds.  

A further key finding of the survey was the possible impact on future generations (citizens who are currently 21 and under, and children not yet born). A significant percentage of parents or guardians who responded to our survey (38%) said they had not applied to the EUSS for their child.  

The main reason (72%) for not applying for a child was a belief that at the time of birth their child held British citizenship due to being born in the UK. A further 13% of respondents were just not aware that they needed to apply to the EUSS for their child.  

At the time of birth, to automatically gain British citizenship one or more parents must either be a British citizen themselves or hold settled status. 

The IMA is currently seeking assurance that local authorities across the UK are discharging their responsibilities with regards to making and supporting EUSS applications on behalf of all eligible looked after children, children in receipt of local authority care and support, and care leavers. 

To date more than 150 additional eligible children and care leavers have been identified and supported to make applications to the EUSS scheme as a result of local authority enhancements. More information about our findings so far can be found on our website. 

An insight into rights awareness in our survey may also indicate further impact on younger people, who were less likely to be aware of their rights, and less likely to have applied to the EUSS. Of those who said that they hadn’t applied to the EUSS in our survey, 82% were under the age of 25.   

Despite the challenges identified in the IMA’s survey, 61% of citizens expressed trust in public bodies to uphold their rights, an encouraging figure for future engagement with public bodies in effectively upholding citizens’ rights.  

When asked why respondents did not trust public bodies to uphold their rights, 25% said general lack of trust because of issues such as denied applications, while 13 % said it was due to a fear of being treated unequally. A further 11% were worried about future governments and the potential for harsher immigration policies. 

Although 70% of respondents were unaware of the IMA before the survey, 73% wanted the organisation to take action that would make a meaningful difference to their lives. Citizens particularly sought support ensuring fair access to status and reducing barriers for future generations. 

Chief Executive of the IMA Miranda Biddle said: “Five years on from Brexit, the survey results support our current understanding that whilst awareness of rights is increasing, barriers in accessing those rights remain for some citizens. It is also likely that type of issues being faced by EU and EEA EFTA citizens will only continue to evolve in complexity. 

“The survey findings will help to inform the IMA’s ongoing work to monitor and promote the implementation and application of the Withdrawal and Separation Agreements. It will help to identify areas requiring urgent attention to protect both current residents and future generations.” 

The IMA understands that this is the first case to be referred to the CJEU to decide a question of interpretation of Part 2 of the Withdrawal Agreement. 

Earlier this year, the IMA made an application to intervene in a case referred to as R(BZ) vs The Secretary of State for Work and Pensions. The case raises important questions about the residence rights of dependent family members who entered the UK after 31 December 2020 and who subsequently ceased to be dependent due to domestic abuse.  

The case involves two claims for judicial review. The first challenges the Secretary of State for Work and Pensions decision to refuse BZ’s claim for universal credit. The second is a challenge to the Secretary of State for the Home Department’s policy under which some, but not all, victims of domestic abuse could access the Migrant Victim of Domestic Abuse Concession (“MVDAC”) and Appendix VDA. 

BZ is a national of Bangladesh who entered the UK after Brexit, in December 2021, as a dependent of her son, an EU citizen who had settled status under the EU Settlement Scheme (EUSS).  

BZ was granted pre-settled status as a joining family member, but after she reported domestic abuse and left the household, her claim for Universal Credit was rejected, because she was no longer able to show that she was dependent on her son.  

The High Court is now seeking clarification from the CJEU on whether dependent family members like BZ who entered the UK after 31 December 2020, retain rights under the Withdrawal Agreement, even after ceasing to be dependants. The IMA supported the referral and proposed changes to the legal question to be referred to the CJEU. 

In the judgment, which was handed down on 16 July, Mr Justice Chamberlain highlighted the changes the IMA suggested to the question referred to the CJEU. The case is now on hold pending the CJEU’s decision.  

We raised this with the Home Office, and they have confirmed to us that this new 10-year route will not apply to beneficiaries of the Citizens’ Rights Agreements.

This is because the rights, which include those of residency and the right to work and study, conferred by the Agreements were put in place when we left the European Union and would require further agreement with the EU.

We will continue to speak with Government regarding the white paper, our initial assessment remains that the vast majority of the proposals that the government is consulting on, should not affect the majority of citizens with EU Settlement Scheme (EUSS) status who have rights under the Agreements.

If, however, you are concerned that your rights have been impacted, we continue to urge you to report your concerns to us via our complaint’s portal. More information about what these rights are can be found on our website.

We would also continue to encourage eligible citizens to apply for the EUSS and for those that already have EUSS status to ensure their UK Visa and Immigration Accounts are kept up to date. More information on both is also available on our website.

We will continue to keep you updated on this issue.

Our initial assessment is the vast majority of the white paper, which needs to be debated in Parliament, should not affect the majority of those EU citizens and their family members with EU Settlement Scheme (EUSS) status who have rights under the Agreements. The white paper is not directly focussed on EUSS but rather refers to other immigration routes such as social care visas and skilled worker visas.

This is because the rights, which include those of residency and the right to work and study, conferred by the Agreements were put in place when we left the European Union and would require further agreement with the EU.

We appreciate this continues to be unsettling, especially as some of the language being used refers to settled, settled status and settlement, but these are generic terms which are used throughout the UK’s immigration system. These terms generally mean indefinite leave to remain and are not referring specifically to citizens who hold settled status under the EUSS.

A number of organisations can provide valuable advice and support and there are details about how to get in touch on our useful contacts page.

If you are concerned that your rights have been impacted, we urge you to report your concerns to us via our complaint’s portal. More information about what these rights are can be found on our website.

We would also continue to encourage eligible citizens to apply for the EUSS and for those that already have EUSS status to ensure their UK Visa and Immigration Accounts are kept up to date. More information on both is also available on our website.

We will continue to keep you updated on this issue.