The guidance is issued to local authorities from MHCLG about how to assess whether citizens with rights under the Agreements can receive homelessness support.

MHCLG’ s guidance to local authorities was amended following the SSWP v AT ruling at the Court of Appeal which said EU citizens with Pre-Settled Status facing destitution could rely on the Charter of Fundamental Rights (the Charter).

The IMA’s believes that the Charter also means that EU nationals and their family members with pre-settled status should be assessed for homelessness support despite being excluded, due to their status.

The IMA has raised several concerns with the MHCLG about their guidance including that it did not address the rights of third country nationals who are family members of eligible citizens as being within Charter protection. A third country national is a national of any country other than an EU country or Iceland, Liechtenstein or Norway.

The IMA feared that this potentially vulnerable group of citizens could be at risk of destitution as a result of not being able to access the assessment for support which they were entitled.

After the IMA raised their concerns that family members had not been included as having Charter protection, the MHCLG has amended their guidance, so they are included.

We are working to understand how the guidance will be implemented by local authorities, and we will continue to work with MHCLG to ensure the judgment is implemented correctly.

Chief Executive of the IMA Miranda Biddle said: “We are pleased that the MHCLG have taken action to update their guidance.

“We hope these changes will make a difference to those third country national family members of citizens who may find themselves needing support to avoid destitution.

“The IMA will continue to work with public authorities, including the MHCLG, to ensure eligible citizens can continue to live, work, study and raise their families in the UK, as they did before Brexit.”

The IMA encourages any citizens who have experienced issues with accessing homelessness support or have experienced issues with homelessness assistance to contact us through our online complaints portal.

We understand that you may not want to submit a formal complaint about your experiences to public authorities in the UK and Gibraltar. If you’d like to quickly tell us something you think we should know about, without sharing your personal details, you can tell us here.

There are also a number of organisations who may be able to offer advice and support to citizens who need it, you can find more information and links on our  website here.

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) has welcomed amendments to the Border Security Asylum and Immigration Bill which were tabled in the UK Parliament yesterday (Monday 10 March). If agreed, the amendments will help to clarify the rights of citizens under the Withdrawal and Separation Agreements.

The IMA has been raising concerns with the UK Government that it is not clear for those with status under the EU Settlement Scheme (EUSS) whether they have rights under the Agreements.

The proposed amendments are intended to address those concerns, ensuring that all EU and EEA EFTA citizens, and their family members, with EUSS status are treated the same in UK law.

After Brexit, EU and EEA EFTA citizens and their family members needed to apply to the EUSS to continue to live in the UK.

EUSS status gives citizens rights, including the right to live and work in the UK, and access to services such as healthcare and some benefits.

Not everyone who has EUSS status will have rights under the Agreements. To be eligible for rights under the Agreements, a citizen must have been residing in the UK in accordance with EU free movement rules, for example being a worker, when those rules ceased applying in the UK at the end of December 2020.

To simplify the way in which applications to the EUSS were determined, there was no need to meet these EU free movement rules to be eligible for status.

This means that there are people who have status under the EUSS who may not be entitled to rights under the Agreements. This is a complex area but there is a lack of clarity as to who has rights under the Agreements and who does not.

Our current understanding is that most citizens have not been directly impacted as the UK Government has taken steps to ensure that those with EUSS status are treated equally. Exceptions to this are in the context of some very specific circumstances which have arisen because of court judgments.

But the IMA had concerns, which we have been speaking to the UK Government about. The concern is that there could be potential instances where it would matter whether a citizen with EUSS status does have rights under the Agreements or not.

In these situations, citizens who are within the true cohort might need to re-prove they were residing in the UK in accordance with EU free movement rules at the end of 2020.

As time goes by it may become more and more difficult for citizens to find the relevant evidence, such as payslips, to prove they met the free movement rules at the end of 2020. We do not know what implications this could have in the future for these citizens or future generations of citizens.

If the UK Parliament agrees the amendments, it will provide clarity and equality of access to rights for all citizens.

Chief Executive of the IMA Miranda Biddle said, “We recognised that there could be potential for citizens to have to reprove their rights, which we did not think was correct and could cause unnecessary anxiety and stress for anyone who might find themselves in this situation now or in future generations.

“We have therefore been liaising with the UK Government and European Commission about how this issue could be addressed in the most practical way possible.

“We’re pleased that proposed legislation has been brought forward to make sure that both groups of citizens, regardless of whether they were living here under EU rules at the end of 2020, are treated the same way.

“We hope this will mean greater clarity for citizens about the source of their rights and prevent the need for anyone to have to reprove those rights.”

Anyone facing difficulties accessing their rights is encouraged to contact the IMA for support. More information on the rights of EU and EEA EFTA citizens and their family members who have applied to the EUSS can be found on the IMA’s website.

We also have a series of FAQs which can be accessed here.

Note to Editors:

The provisions do not apply to citizens with EUSS status via either the Zambrano (primary carer of a British citizen) or Surinder Singh (a family member of a qualifying British citizen) routes.

DWP’s guidance to caseworkers was initially amended following the SSWP v AT ruling at the Court of Appeal which said EU citizens with Pre-Settled Status facing destitution could claim Universal Credit by relying on the Charter of Fundamental Rights.

The IMA raised concerns with the DWP that their caseworker guidance about how the judgment should be implemented did not address the rights of third country nationals who are family members of eligible EU citizens to claim Universal Credit. A third country national is a national of any country other than an EU country or Iceland, Liechtenstein or Norway.

The IMA feared that this potentially vulnerable group of citizens could be at risk of destitution as a result of not being able to access the benefits to which they were entitled.

Following the IMA raising that the protections in the case of SSWP v AT should also apply to third country nationals, the DWP has now amended their caseworker guidance to include these citizens.

The IMA is continuing work to understand what the changes mean for people who may have had claims refused prior to the updates and is engaging with DWP to ensure they correctly implement the judgment.

General Counsel for the IMA, Rhys Davies said: “We are pleased that DWP have taken action to update this guidance.

“We hope these changes will make a difference to those third country national family members of EU citizens who may find themselves needing support to avoid destitution.

“The IMA will continue to work with public authorities, including the DWP, to ensure eligible citizens can continue to live in the UK, working, studying and raising their families as they did before Brexit and will provide further updates.”

The IMA encourages any citizens who have been impacted by the judgment and have experienced issues with either Universal Credit, Pension Credit, Housing Benefit, or homelessness assistance to contact us through our online portal.

UPDATE: EUSS BRCs and BRPs will no longer be accepted as proof of immigration status for travel to the UK.

The IMA is working to explore how any potential challenges while travelling may impact EU and EEA EFTA citizens and their family members who have made an application to the EU Settlement Scheme (EUSS).  

The IMA has previously received reports from citizens and stakeholders of issues using the UK Visas and Immigration (UKVI) system to link relevant evidence to accounts which could impact citizens’ ability to travel. We are also aware of recent media coverage regarding the reported experience of some travellers when seeking to travel to the UK.  

The IMA is considering the implications of the wider Electronic Travel Authorisation (ETA) and eVisa roll out, the impact on Biometric Residence Card (BRC), and Biometric Residence Permit (BRP) holders and the support available for citizens and carriers.  

If you have applied to the EUSS and have experienced any issues travelling, then the IMA would like to hear from you. This will help us to understand if there are any challenges being faced with the new digital system. 

We will communicate further once we have been assured of the information provided to us. 

If you have been granted status under the EUSS, then you will already have an eVisa. You can check your eVisa by logging into your UKVI account. 

Your eVisa can be accessed through your UKVI account. Before you travel, it is very important that you ensure any travel documents linked to your UKVI account are up to date, and that all your information is correct. 

You should also generate a share code to prove your immigration status prior to travelling. You can show your share code to your travel provider if they request it. A share code is valid for 90 days. 

If you have status under the EUSS you may have previously used documents such as an EUSS BRC or a BRP to travel.  However, the UK has now fully transitioned to a digital immigration system. From June 01, expired EUSS BRCs and BRPs will no longer be accepted as proof of immigration status for travel to the UK.

If your transport provider seems unsure of the rules or is unable to check your permission to travel, you could direct them to contact the UK Border Force Carrier Support Hub. 

The IMA is working with other organisations to understand the challenges for citizens while travelling. Here are some useful contacts, should you need further help. 

Chief Executive of the IMA Miranda Biddle said: “We are aware of recent media reports and problems experienced by some travellers following the recent eVisa roll out. 

“We are mindful that such reported incidents can create understandable concern for citizens and their families. We therefore urge people planning to travel to familiarise themselves with the guidance around travel and to be fully aware of their rights.

“The IMA would encourage anyone who may be experiencing difficulties to contact us so we may better understand the issues and consider any further intervention.”

The IMA encourages any EUSS applicant, who has experienced any difficulties travelling, to tell us about their experiences via our dedicated inbox at travel@ima-citizensrights.org.uk 

This will help us better understand any challenges being faced with the new digital system.  

If you want to find out more, please see summary of information in our fact sheet.  

Following Brexit, all EU and EEA EFTA citizens resident in the UK by 31 December 2020, and their family members, had to successfully apply to the EU Settlement Scheme (EUSS) for UK immigration status to secure their right to live, work and raise their families here.

Eligible citizens who had been here for less than five years at the date of application were generally granted pre-settled status, while those who had been here for at least five years were granted settled status. The previous Home Office position was that citizens with pre-settled status needed to make a further application to the EUSS before their pre-settled status expired or they would lose their rights.

The IMA, which was set up to ensure the rights of citizens and their family members are upheld by public bodies after Brexit, believed it was unlawful for citizens to lose their rights if they did not make a further application to the EUSS. This view was upheld in a landmark judgment.

Following this judgment, the Home Office now extends pre-settled status by five years shortly before it is due to expire if the holder is yet to obtain settled status. This helps to ensure that citizens are not prevented from accessing their rights for failure to make a second application to the scheme.

The Home Office has also removed the pre-settled status expiry date from View & Prove and the right to work and rent checking services for employers and landlords, who are also no longer required to conduct follow-up checks once they have established that a citizen has pre-settled status.

The judgment also found that a permanent right to reside under the Withdrawal and Separation Agreements is acquired automatically by a citizen with pre-settled status once the relevant criteria are met. There will, therefore, be some citizens in the UK who have pre-settled status but who also have a right of permanent residence under the Agreements. The Home Office has provided further clarity for these citizens. The eligibility criteria for permanent residence are set out in the Home Office statement which can be found here.

Obtaining settled status remains the easiest way for a person to prove their right to remain in the UK indefinitely.  From this month, the Home Office will be introducing a process to automatically convert as many eligible pre-settled status holders to settled status as possible, even if they have not made an application for this to happen. This will help to align citizen’s EUSS status with their underlying rights under the Agreements.

The Home Office will continue to first extend pre-settled status by five years shortly before it is due to expire if the holder is yet to obtain settled status.  After pre-settled status is extended, the case will undergo checks on eligibility for settled status and, if this is confirmed, the citizen will be granted settled status and their digital status will be updated automatically. Pre-settled status holders will be notified at key points throughout the process and so will not need to take any action.

Chief Executive of the IMA Miranda Biddle said: “We welcome this information from the Home Office about how it is ensuring that no eligible citizen or their family member loses access to their rights.

“We have always been clear that any changes implemented to the EUSS need to provide clarity and practical resolution for citizens which enables them to continue to live and work in the UK, broadly as they did before Brexit.

“We also encourage all citizens to check that their digital status is recorded correctly in their UK Visas and Immigration account, in light of any changes the Home Office has notified to them.”

The IMA will continue to ensure citizens are having their rights upheld in other related areas and will continue to engage with the Home Office and gather information from stakeholders to help inform any actions. Any work will be captured on our issues log.

This includes any issues relating to curtailment, where the Home Office cancels pre-settled status because the citizen no longer meets the requirements for it (for example, if their pre-settled status was dependent on a family relationship with an EU or EEA EFTA citizen and that family relationship has now ended without the right to reside being retained).

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

The Independent Monitoring Authority for the Citizen’s Rights Agreements (IMA) has welcomed the issuing of new guidance to local authorities from the Ministry for Housing Communities and Local Government (MHCLG) about how to assess whether citizens with rights under the Agreements can receive homelessness support.

This follows an important ruling from the Court of Appeal, in which the IMA successfully intervened about whether citizens can rely on the protection of the Withdrawal Agreement to seek support in times of personal crisis in order to avoid destitution.

It has been the IMA’s position that the Charter of Fundamental Rights of the European Union (the Charter) also applies in the context of homelessness support to EU nationals with pre-settled status who are excluded, due to their circumstances, from support.

As a result of the IMA’s engagement with MHCLG, the department has accepted that the Charter applies in a homelessness context and has issued guidance to local authorities on applying and assessing Charter rights to this vulnerable cohort should citizens need to be considered for Universal Credit or homelessness support.

Our work with MHCLG also corresponds to our engagement with DWP to ensure each department fully implements the judgment of SSWP v AT. The DWP has also issued guidance.

Whilst the IMA are pleased that both departments have issued guidance, we are currently working with DWP and MHCLG to address our ongoing concerns that the guidance from each department does not fully implement the AT judgment and excludes certain vulnerable groups to whom we think the Charter applies.

Chief Executive of the IMA, Miranda Biddle said: “Although we are pleased that both the DWP and MHCLG have issued guidance and local authorities now have greater certainty about how they should be considering claims from citizens with pre-settled status for homelessness support, there’s still work to be done to ensure that the guidance is fully understood and implemented consistently.

“Anyone of us can face unexpected life changes where we may need to ask for help and be considered for support. We are therefore pleased that some clarity has been provided to citizens who may find themselves in these difficult situations.

“The IMA will continue to promote the rights of citizens protected by the Withdrawal Agreement and will continue to work with public authorities to raise awareness and understanding.”

The IMA encourages any citizens who have been impacted by the judgment and have experienced issues with either Universal Credit, Pension Credit, Housing Benefit or homelessness assistance to contact us through our online portal.

There are also a number of organisations who may be able to offer advice and support to citizens who need it, you can find more information and links on our website here.

In the case of Krzysztofik v SSHD (in which the IMA intervened), the Upper Tribunal found the Home Office policy of pausing decision-making on applications to the EUSS where there was a pending prosecution for alleged conduct committed before the end of the transition period on 31 December 2020, and without taking the relevant public policy threshold into consideration, was unlawful.

The Upper Tribunal agreed with the IMA’s submissions on proportionality and held that the policy was inconsistent with the requirements of the Citizens’ Rights Agreements as it led to unwarranted and disproportionate delays to the processing of those EUSS applications.​

The Home Office has subsequently updated its guidance on EUSS suitability requirements.

The updated guidance makes it clear to caseworkers a pending prosecution does not prevent them progressing the consideration of the application.

It states: “If the applicant satisfies the eligibility criteria and suitability criteria (setting aside allegations which are the subject of the pending prosecution) leave may be granted.

“If the applicant does not satisfy the eligibility criteria and suitability criteria (setting aside the allegations which are the subject of the pending prosecution) leave should be refused.

“If the applicant is subsequently convicted and given a custodial sentence, the case will be referred to Foreign National Offender Returns Command (FNO RC) through the usual prison referral mechanism. Should FNO RC pursue deportation, a deportation order will invalidate any EUSS leave held under section 5(1) of the Immigration Act 1971.”

We continue to engage with the Home Office in respect of any delays experienced by citizens in receiving a decision on their EUSS application.​

EU and EEA EFTA citizens and their family members who submitted a valid application to the EU Settlement Scheme (EUSS) but are awaiting the outcome of their application should receive a Certificate of Application (CoA) immediately.

While it does not confirm that the person has immigration status in the UK under the EUSS, it can be used to evidence the temporary protection of their rights, for example the right to work, rent or access benefits, while the decision on their application, or any administrative review or appeal, remains pending.

Home Office guidance on CoAs can be found here.

Following the reports of issues at the border for some citizens, the IMA has written to the Home Office to seek clarification of its position on the rights of citizens in receipt of a CoA when travelling, including where an administrative review is pending.

The IMA has also issued guidance to pre-settled and settled status holders around absences from the UK and how it may affect your EUSS status.

The IMA encourages any EU or EEA EFTA citizen or their family members who believe their rights are not being upheld to submit a complaint to its online portal.

For more information visit the IMA’s website for detailed information on the rights of EU and EEA EFTA citizens and their family members who have applied to the EUSS.