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.

Understanding how absences from the UK can impact EUSS status can be confusing.

We have been told that extensions of pre-settled status and changes to the rules around automatic lapsing of status following time spent outside the UK have potentially added to this confusion.

The rules which govern how long a person with EUSS status can spend outside the UK are different depending on whether you have pre-settled status or settled status.

The Home Office has published guidance on its approach to absences and how it may impact a citizen’s EUSS status.

Settled status

If you have settled status, you can live outside the UK for up to 5 consecutive years without your absence affecting your EUSS status and your ability to return to live and work in the UK.

Pre-settled status

To retain your eligibility for pre-settled status and, after 5 years, be able to qualify for settled status, you will need to show that you have maintained your continuous residence in the UK.

The rules on continuity of residence provide that you can be absent from the UK for up to 6 months in any 12-month period without affecting your continuous residence in the UK or your ability to qualify for settled status.

There are also some circumstances in which an absence from the UK of more than 6 months in a 12-month period will be permitted, such as:

• one period of up to 12 months for an important reason – for example, childbirth, serious illness, study, vocational training, an overseas work posting or because of coronavirus (COVID-19)
• compulsory military service of any length
• time you spent abroad as a Crown servant, or as the partner or child of a Crown servant
• time you spent abroad in the Armed Forces, or as the partner or child of someone in the Armed Forces
• time you spent working in the UK marine area

Separate guidance is available if you were outside the UK for more than 12 months because of COVID-19.

EU and EEA EFTA citizens (and their family members) with pre-settled status who have lived in the UK for at least 5 years and have acquired the right of permanent residence automatically under the Agreements, can also live outside the UK for up to 5 consecutive years without it affecting their EUSS status and their ability to return to live and work in the UK. It is important to note that the right of permanent residence must have been acquired before you left the UK.

Whether, as a pre-settled status holder, you have acquired the right of permanent residence automatically under the Agreements depends on certain conditions being met. For example, if you have worked in the UK as an EU or EEA EFTA citizen for 5 years since before 31 December 2020, then you will have acquired the right of permanent residence. However, in this example, you would need to evidence those 5 years of work in the UK in order to benefit from the right to live outside the UK for up to 5 years. The easiest way to evidence your right to live permanently in the UK (and to live outside the UK for up to 5 years) is to obtain settled status under the EUSS.

If you hold pre-settled status, but do not know whether you have acquired the right of permanent residence automatically under the Agreements and wish to leave the UK for more than 6 months (and without obtaining settled status under the EUSS), then you should seek independent immigration advice on your circumstances from an immigration adviser registered with the Office of the Immigration Services Commissioner (OISC).

In April 2024, the IMA reported on the Immigration (Leave to Enter and Remain) (Amendment) Order 2024. The effect of the Order is that pre-settled status will automatically lapse after more than 5 consecutive years of absence from the UK. Prior to the change, pre-settled status would automatically lapse after more than 2 consecutive years of absence from the UK.

It is important to note that this change is separate to the rules on continuity of residence, which remain as set out above, and does not extend the absence from the UK permitted for a pre-settled status holder to retain their eligibility for pre-settled status and, after 5years, be able to qualify for settled status. If in doubt, you should seek independent immigration advice on your circumstances from an immigration adviser registered with the OISC.

It is also important to note that an extension of pre-settled status does not alter the rules on continuity of residence as set out above. If continuous residence in the UK has been broken, then you may no longer meet the eligibility criteria for your status,  even if you have been granted an extension by the Home Office.

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.

Further information can also be found the FAQs section of our website.

The IMA, which was set up to monitor and promote the rights of EU and EEA EFTA citizens and their family members, intervened in the case against the Secretary of State for Work and Pensions’ (SSWP).

In the case, DWP had said that an EU citizen (AT) was refused Universal Credit as she had pre-settled status but did not have a qualifying right to reside. By not being able to claim the benefit, AT was at risk of destitution as she had fled her home with her child after being the victim of domestic violence.

The courts consistently found that the protection of the Charter of Fundamental Rights of the European Union (the Charter) to be able to live in dignified conditions applies under the Withdrawal Agreement in certain circumstances. In this case, AT was able to rely on her Charter right to live in dignified conditions and therefore was able to access Universal Credit.

Claims for Universal Credit for those in similar circumstances to AT had their applications put on hold whilst litigation was ongoing. Following the conclusion of this case, the IMA is pleased to confirm these applications are now being processed.

The IMA is now monitoring how DWP is implementing the judgment and the progress on its plans to clear the backlog of Universal Credit applications that were previously put on hold. It is also looking into the wider implementation of the Charter to eligible cohorts.

The IMA continues to seek clarity on the way that claims are being assessed to assure itself that the judgment is being properly applied. The DWP has released guidance to caseworkers on Charter rights assessment following SSWP v AT.  This guidance is being used to aid caseworkers in their decision making in cases similar to AT. The caseworker guidance is being used in the historic cases that are now being processed and for all future claims. The IMA has provided feedback to DWP on the revised caseworker guidance.

A further public statement with updates will be published in due course.

The IMA also continues to review the broader impact of the judgment across Government. The IMA is engaging with the Ministry of Housing, Communities and Local Government to assess the impact of the judgment to homelessness assistance.

The IMA welcomes the collaborative approach to resolve matters in these areas as we recognise this impacts some of the most vulnerable citizens in our society.

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.

Following the UK’s departure from the EU, all eligible citizens, including children, are required to apply to the EU Settlement Scheme (EUSS) and obtain a grant of Pre-Settled or Settled Status to guarantee their rights to live, work, study, and access benefits in the UK. 

The IMA launched a review of Health and Social Care Trusts in Northern Ireland to establish how they identify looked after children and care leavers who need to apply to the EUSS, and the procedures put in place to monitor those applications.       

As part of our monitoring duties, we are undertaking assurance reviews across all local authorities in England, Northern Ireland, Scotland and Wales. You can read our Assurance Review Reports here. 

The initial review in Northern Ireland looked at information in three key areas; identification, record keeping and retrospective checks, with each local authority categorised as red, amber or green in a grading system.   

The IMA identified no overarching concerns based on the responses from all five Health and Social Care Trusts and is sufficiently assured based on the information provided about the robustness of identification processes, record keeping and retrospective checks.  

The report can be located here.  

Pam Everett, IMA Director of Operational Delivery said: “The IMA has welcomed the positive collaboration with Health and Social Care Trusts in Northern Ireland who have sufficiently assured the IMA that each Trust is discharging their responsibilities and are providing appropriate support in relation to making and supporting EUSS applications on behalf of all eligible looked after children, children in receipt of Health and Social Care Trust care and support, and care leavers.   

“Those who have successful applications should have guaranteed their rights to continue to live, study and work in the UK.”  

Based on the information provided, the IMA does not at this stage consider that further compliance action is required by any Health and Social Care Trust in Northern Ireland.   

The initial review of all local authorities and Health and Social Care across the UK have been completed as part of Phase 1 of this work.  The IMA will continue with individual assurance reviews across England and Scotland.   

In December 2022, the High Court found certain aspects of the EU Settlement Scheme (EUSS) to be unlawful. The Court’s ruling affects more than two million EU and EEA EFTA citizens with pre-settled status.

The judge ruled that individuals with rights under the Agreements should not lose their right to live in the UK if they do not make a second application to the EUSS. Also, those with pre-settled status automatically acquire permanent residence rights once they have lived here for five years and met the relevant conditions under the Agreements.

The EUSS is the way which EU and EEA EFTA citizens and their family members secure the right to live in the UK. There are two types of EUSS status: pre-settled status for those that have lived in the UK for under five years and settled status, usually for those who have lived here for over five years.

The Home Office plans to address the High Court’s judgment by granting a two-year extension of pre-settled status for those who haven’t switched to settled status shortly before their original expiry date, automatically converting as many pre-settled status holders to settled status as possible and ensuring individuals can rely on their permanent residency rights once acquired.

The IMA is concerned that a two-year extension for pre-settled status does not address the Court’s ruling and that citizens may face challenges in areas of their lives, such as employment or housing due to the temporary nature of pre-settled status being reflected on official documents.

It is also highlighting a lack of clarity for citizens and authorities regarding automatic acquisition of permanent rights, leading to potential confusion.

The IMA is urging the Home Office to make a public statement clarifying the rights of citizens under the Agreements.

Miranda Biddle, Chief Executive of IMA said: “We continue to work with the Home Office to resolve potential issues arising from the proposed implementation of the High Court judgment. While the Home Office has been effective in many cases, some citizens face uncertainty impacting their ability to live, work, and raise families in the UK.”

The IMA will continue to give updates on this issue but in the meantime, anyone facing difficulties accessing their rights is encouraged to contact the IMA for support.

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

For further information on changes to the EU Settlement Scheme as a result of the Judicial Review please visit the FAQs section of our website.

The High Court found in December 2022 that parts of the EU Settlement Scheme (EUSS) were unlawful following legal action by the IMA.

The EUSS was developed by the Home Office before the UK exited the European Union. EU and EEA EFTA citizens resident in the UK by 31 December 2020, and their family members, are required to apply to this scheme to remain living in the UK.

Under the EUSS, citizens who have been living in the UK for less than five years usually receive what is called pre-settled status. Those who have lived here for at least five years usually receive settled status.[1]

If someone has pre-settled status, they were originally required to apply for settled status within five years of being granted pre-settled status. A failure to do so would result in them losing their rights, including the right to live and work in the UK. The High Court decided this loss of rights was not permitted by the Withdrawal Agreement and the EEA EFTA Separation Agreement (the Citizens’ Rights Agreements).

The Home Office has informed us that its plans to implement the High Court judgment consist of:

• An extension of their pre-settled status of two years for those who have yet to convert to settled status. The extension will take effect a short time before the current expiry date of their pre-settled status.
• Using government data to automatically upgrade pre-settled to settled status where the required five years of residence has been met.
• Some changes to ensure those with pre-settled status who automatically achieve permanent residence rights under the Citizens’ Rights Agreements are able to rely on those enhanced rights.

Alongside the process of automatically upgrading pre-settled status to settled status and the two-year extension of pre-settled status, the Home Office also plans to take steps to remove pre-settled status from those who have ceased to meet the relevant conditions contained in the Citizens’ Rights Agreements. This will be subject to a right of appeal.

While details of the plans continue to be developed by the Home Office, the IMA has concerns with some elements of them.

The IMA believes that an extension of pre-settled status does not go far enough to implement the judgment and that therefore this element continues to be incompatible with the Agreements. The extension does not change the fact that pre-settled status is time limited.

The IMA is concerned that maintaining that expiry period for pre-settled status may have practical effects on citizens exercising their rights, for example those who are seeking employment or accommodation. A prospective employer or landlord may, albeit wrongly, discriminate against a citizen who holds pre-settled status that is due to expire soon.

While plans for automatic upgrade from pre-settled status to settled status continue to be developed by the Home Office, the IMA does not have sufficient detail to make a full assessment of them. However, the IMA will want to be assured that any relevant processes, in particular where citizens may lose their residence status, are undertaken fairly and in line with the requirements of the Agreements.

These elements of the plans are not directly for the purpose of implementing the judgment and the IMA understands that they are not to be implemented until later in 2024. The IMA will provide further updates as the Home Office plans develop.

The IMA remains concerned about the implementation of the second part of the High Court’s judgment. This found that permanent residence rights under the Agreements accrue automatically to a pre-settled status holder where the relevant conditions in the Agreements are met.

Plans to automatically upgrade pre-settled status holders to settled status will hopefully ensure the permanent residence rights of more citizens will be reflected by their EUSS status. However, there will remain a lack of clarity for citizens and public authorities regarding the rights of some citizens who hold pre-settled status but who are in fact in possession of permanent residence rights.

The IMA believes that it is unreasonable to expect citizens to be fully aware of their enhanced permanent residence rights where they continue to hold pre-settled status and to know that these rights override any domestic laws, policies or decisions which fail to recognise them.

The Home Office is continuing to encourage people to obtain secure evidence of their permanent residence rights in the UK by applying to switch from pre-settled to settled status as soon as they are eligible to do so. The IMA also encourages people who are eligible for settled status to make an application to switch from pre-settled status to settled status.

The IMA is also asking the UK Government to make a public statement confirming the permanent residence rights of those with pre-settled status who have met the relevant conditions. This will help ensure that those citizens are able to rely on their permanent residence rights if they have not obtained settled status under the EUSS.

Chief Executive of the IMA Miranda Biddle said:

“We are keen that we continue to work with the Home Office to make sure that we can resolve any potential issues which could arise as the result of its proposed implementation of the High Court judgment.

“We recognise that in the majority of cases the Home Office has worked effectively and at pace to ensure EU and EEA EFTA citizens are able to exercise their rights as outlined in the Citizens’ Rights Agreements. We do, however, remain concerned that some citizens with pre-settled status face continued uncertainty and potential impact on their ability to live, work and raise their families in the UK as provided for in the Agreements.”

The IMA will continue to provide further updates on its engagement on this issue when information is received and assessed.

Anyone experiencing difficulties accessing their rights is encouraged to contact the IMA.

More information about the rights of EU and EEA EFTA citizens who have applied to the EU Settlement Scheme can be found on the IMA’s website.

The rights we refer to include the right to work, access healthcare and education and apply for housing and benefits.

You can also read more about the work of the IMA and download and share resources such as leaflets about citizens’ rights.

[1] In some limited circumstances, it is possible to qualify for settled status after less than five years’ residence.

Following the UK’s departure from the EU, all eligible citizens, including children, are required to apply to the EU Settlement Scheme (EUSS) to guarantee their rights to live, work, study, and access benefits in the UK.  

In October 2022, the IMA launched a review of local authorities across the UK to establish how they identify looked after children and care leavers who need to apply to the EUSS, and the procedures put in place to monitor those applications.  

The initial review sought information in three key areas; identification, record keeping and retrospective checks, with each local authority categorised as red, amber or green in a grading system. 

An interim report for all local authorities in Wales found only one local authority’s response achieved a green grading for each of the three key areas, with six other local authorities meeting the green status in two of the three key areas. 

Following the report, the IMA worked collaboratively with each local authority during a compliance period before a final review was made.  

As a result of further engagement, the IMA identified that the majority of local authorities in Wales had outlined robust processes in place to identify and support eligible cohorts in line with Home Office guidance.  

In addition, the IMA made recommendations for improvements and offered further support to aid understanding of the EUSS. This has helped improve the identification and support for eligible cohorts. 

Several authorities have reported taking proactive measures to improve their processes and procedures and management information and reporting systems, and others have developed additional guidance for staff delivered through awareness and training. Notably, this has led to better identification by local authorities of eligible children and care leavers for the scheme, as well as being able to signpost eligible family members. 

As a result of the measures taken by local authorities in Wales, the IMA is assured that all 22 local authorities are protecting the rights of EU looked after children and care leavers. 

Pam Everett, IMA Director of Operational Delivery said:  “The IMA has welcomed the positive collaboration with local authorities in Wales, along with the support of Albert Heaney, Chief Social Care Officer for Wales, The Welsh Government in encouraging local authority engagement.

“Most importantly however, this work has resulted in additional numbers of children being identified as eligible for the EU Settlement Scheme, and upon successful application will guarantee their rights to continue to live, study and work in the UK.”

The review of all local authorities in Wales has now concluded with ongoing reviews across England, Scotland, and Northern Ireland.  

This certificate is used to evidence a person’s rights, for example to work, rent or access benefits, while their application is being considered. Any delay in issuing a CoA could, therefore, have serious consequences for citizens who are unable to exercise rights under the Withdrawal and Separation Agreements (the Agreements) while their application is being considered.

We welcome the Home Office’s commitment to better monitor processing times and acknowledge their acceptance of the first recommendation in our inquiry report.

The IMA remains of the view that providing a timescale for how quickly they intend to issue CoAs would be helpful as it would provide clarity for applicants.

However, the IMA notes that since the conclusion of its inquiry significant changes have been made to the EUSS validation requirements which could have operational impact. Nevertheless, we believe the issuing of a CoA immediately and specifically within five working days of receipt of an application, or any required further information, would be helpful.

The IMA will now continue to work with the Home Office on this matter and undertake monitoring to assess the operational impact of the changes made by the Home Office.

We will also seek to assure ourselves that the problems identified in our inquiry report relating to caseworker availability and training have been sufficiently addressed.

As always, our objective is to provide clarity and reassurance to citizens with rights under the Agreements who, for whatever reason, are yet to apply to the EUSS.

The IMA has received information and complaints from people experiencing long wait times for a decision on their application. These include people waiting beyond estimated application processing times advised by the Home Office. 

As part of the inquiry, the IMA will investigate the impact these delays are having on citizens who have applied to the scheme. The IMA is calling on EU and EEA EFTA citizens and their family members who reside in the UK to share their experiences via an online survey to inform the inquiry.  *This survey has now closed. Thank you to all respondents*

The IMA is keen to hear real life examples from citizens about their experiences in applying to the EUSS and information about delays they may have faced in receiving a decision on their application. 

Pam Everett, IMA Director of Operational Delivery said: 

“The EU Settlement Scheme has received and concluded more than 7 million applications since its creation. We recognise that many of these were processed without issues, but we are aware that other citizens have experienced delays in receiving a decision. 

“We aim to understand how these delays are having an impact on citizens’ lives. It is therefore really important that we hear from as many people as possible to fully understand any issues and consider what next steps to take.” 

The IMA’s call for evidence will provide an understanding of the impact of delays, as well as generating narratives that will stem from citizens’ ‘lived experiences.’ Citizens can share their experiences via an online survey which will close on the 16 October 2023. 

Information about organisations which provide advice and support for EU and EEA EFTA citizens and their family members can be found on the IMA website.

The inquiry’s terms of reference can be found here.

Following legal action by the IMA, the High Court found an element of the EUSS to be unlawful. Specifically, it found that it is unlawful that citizens with pre-settled status would have lost their rights if they had not made a further application to the EUSS before it expired. This means it is not permitted for citizens’ pre-settled status to expire if they have not made a further application within five years of the date on which pre-settled status was granted.

The court also said that the right of permanent residence under the Withdrawal Agreement is acquired automatically, without the need for a further application, once the necessary conditions are met. You can read more about the background and key issues in the case on the IMA’s website.

The IMA has been engaging with the Home Office for several months to seek clarity about how it will ensure the judgment is fully implemented so that no one will see their pre-settled status expire if they have not made a further application for settled status.

The Home Office has now confirmed how it will ensure the judgment is implemented and has said that it will extend pre-settled status without an application. Citizens with pre-settled status who have not yet obtained settled status ahead of the date on which their pre-settled status is currently due to expire will have their status automatically extended by two years.

This extension will be applied automatically to citizens’ digital status in all relevant cases and there will be no need for them to contact the Home Office in advance. Citizens will be notified once the extension has been applied.

While the IMA welcomes the high-level information that has now been provided, it is disappointed that, to date, the Home Office has not shared the necessary detail for the IMA to be satisfied about how the terms of the judgment will be implemented.

In particular, the IMA continues to request detail about how the automatic acquisition of the right of permanent residence will be reflected once the conditions have been met and how citizens will be able to prove that right.

Chief Executive of the IMA, Dr Kathryn Chamberlain said:

“When we brought this case, we wanted to make sure that no citizen unlawfully lost their right to reside in the UK, together with all associated rights.

“So, while we broadly welcome the commitment from the Home Office that no-one will lose their pre-settled status for failing to make a second application, we remain concerned about the lack of detail about how the plans will work in practice.

“This has made it difficult for us to offer any certainty to citizens with pre-settled status about how the judgment is going to affect them as we have not yet been able to properly assess the measures the Home Office is adopting.”

The IMA will now be speaking to the Home Office in relation to how the measures will be implemented and will provide further updates when this detail is received and assessed.

Anyone experiencing difficulties accessing their rights is encouraged to contact the IMA.

More information about the rights of EU and EEA EFTA citizens who have applied to the EU Settlement Scheme can be found on the IMA’s website.

The rights we refer to include the right to work, access healthcare and education and apply for housing and benefits.

You can also read more about the work of the IMA and download and share resources such as leaflets about citizens’ rights.