The IMA has previously published updates in relation to our work following the SSWP v AT  ruling at the Court of Appeal which said PSS holders facing destitution could claim Universal Credit by relying on the Charter of Fundamental Rights. 

Following extensive engagement with the IMA, the DWP accepted that the protections in this case should also apply to third country national*.  family members of EU citizens with PSS.  It amended its caseworker guidance to include these citizens where they make new claims.  

The IMA has continued engagement with the DWP about what these changes meant for people who had claims refused prior to the updates. The IMA feared that this potentially vulnerable group of citizens could be at risk of destitution because they were not able to access the benefits to which they were entitled.  

The DWP has confirmed it will undertake a review of Universal Credit claims from third country national family members having acknowledged that its previous approach was incorrect prior to the change in guidance. 

The IMA is also urging third country nationals who may have been refused a Charter assessment prior to the guidance change and are still facing destitution to consider whether to re-submit their Universal Credit claim. Organisations that may be available to help are listed on our website.  

Chief Executive of the IMA, Miranda Biddle, said: “We are pleased that DWP has taken action to update this guidance following engagement with the IMA.  

“We look forward to DWP setting out its next steps to address these issues.  

“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.  

*A third country national is a national of any country other than an EU country or Iceland, Liechtenstein or Norway. 

The IMA is disappointed that the Home Office has rejected other recommendations, particularly in relation to strengthening data and oversight. However, the IMA welcomes the Home Office’s response, which acknowledges many of the issues identified by the inquiry.  

Under the Withdrawal and Separation Agreements (the Agreements), decisions must be taken within a reasonable timeframe in each individual case. The IMA’s inquiry identified a systemic breach of the Agreements’ requirement for decisions to be taken within a reasonable timeframe.  For some applicants, particularly those in complex or vulnerable situations, ongoing delays had a significant impact on their lives. 

The Home Office has accepted recommendations to improve processes for deciding applications, strengthening escalation mechanisms with international partners, and enhancing communication with citizens. These improvements should provide greater clarity and better responses for citizens. 

It has also described measures introduced during the period of the inquiry or under development in several areas where recommendations were not formally accepted at the time of the publication of the report. 

These measures have the potential to improve the efficiency and transparency of the system. The IMA recognises the time which has passed since we launched our inquiry. 

The IMA notes that several recommendations aimed at strengthening oversight, data use and stakeholder engagement were not accepted. The IMA remains of the view that systematic data collection and analysis assist the public to understand perceived or real experiences when applying to the EUSS. It also enables greater scrutiny and assurance that delays are not disproportionally impacting some groups. 

The IMA recognises that the Home Office depends on information from other organisations, including UK public bodies and safeguarding partners. The IMA remains of the view that strengthening oversight, to ensure that information effectively supports decision-making, can improve both the timeliness of application decisions and the experience of citizens applying to the EUSS. 

While arrangements are in place, in the IMA’s view stronger monitoring and clearer accountability could help ensure that delays in complex cases are minimised and that vulnerable applicants are not adversely affected. 

Miranda Biddle, Chief Executive of the IMA said: “We welcome the positive steps the Home Office has taken in response to our inquiry.  

“We will continue to engage with the Home Office, including reviewing how data and oversight can be strengthened in the future as we believe assurance is strengthened when data is in the public domain. 

“The IMA will now commence monitoring progress against the recommendations to ensure that compliance with the UK’s obligations under the Citizens’ Rights Agreements continues to be met.” 

Read the inquiry report on the IMA’s website and the Home Office response on GOV.UK.  

About the recommendations

The IMA’s inquiry made seven recommendations to the Home Office. The following were accepted: 

• Recommendation 2: Steps to improve processes for deciding EUSS applications in areas where delays have occurred. 

• Recommendation 4: Strengthening escalation mechanisms with international partners. 

• Recommendation 7: Enhancing communication with applicants. 

The following recommendations were not accepted: 

• Recommendation 1: More systematic data collection and analysis to assess whether delays are having a disproportionate impact on particular groups of applicants. 

• Recommendation 3 and 5: Monitoring arrangements with other agencies to ensure timely responses, and communication with relevant public authorities in cases involving children, vulnerable adults and safeguarding concerns. While existing arrangements are in place, greater transparency and consistency in how these operate would help ensure that delays, especially in complex cases, are minimised and that vulnerable applicants are not adversely affected. 

• Recommendation 6: Engagement with stakeholders and advocacy groups. The Home Office recognised the importance of stakeholder engagement but did not accept the recommendation to reconsider its existing arrangements. The IMA remains of the view that effective engagement with stakeholders and advocacy groups is essential to understanding the lived experience of applicants and identifying emerging issues. In light of recent changes to the support landscape, the IMA considers that regular review of engagement mechanisms can help ensure they continue to provide meaningful insight and support continuous improvement.  

*This article was updated on 10 April 2026 to provide additional context.

PSS holders are those who have successfully applied to the EU Settlement Scheme (EUSS) but had not yet met the residency requirements for Settled Status (SS).  Those granted PSS can become eligible for SS once they have been resident in the UK for at least 30 of the most recent 60 months.  Where they meet the residency and other requirements, the Home Office will convert them to SS if they make an application for it or automatically where it can. 

From 9 April, the Home Office intends to start the process of identifying PSS holders who no longer meet the residency requirements. Cases will be identified through the EUSS automated process and by checking against tax, benefit and border data. Those who have been outside the UK for the longest will be reviewed first, starting with those who have been outside the UK for the last five years. 

The Home Office says that, before deciding to remove PSS, it will contact individuals to explain that they have 28 days to respond and provide further evidence of their UK residence and the reasons for their absence. It says that an extension of a further 28 days to provide such evidence will usually be given where requested and that it will support vulnerable individuals to provide the necessary evidence. 

The Home Office also says that it intends to remove PSS where evidence shows that the holder has ceased to meet the residency requirements and it is proportionate to do so. Any decision to remove PSS will be subject to a right of appeal. 

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) position is that, subject to certain safeguards, removal of PSS for ceasing to meet the requirements for that status is lawful under the EU Withdrawal Agreement and the EEA EFTA Separation Agreement. However, the IMA considers it vital that individuals’ circumstances are considered before removal of status.  

The IMA therefore welcomes the Home Office applying a proportionality assessment. This means that PSS should only be removed where it is appropriate and necessary for maintaining the integrity of the EUSS.   

However, we have expressed concerns about how the guidance will be implemented as it is high-level and it is difficult to know how caseworkers will make individual decisions in practice.  

The IMA will seek assurance from the Home Office that the updated guidance is being applied consistently and will consider independent monitoring arrangements to ensure the process and safeguards are operating adequately and effectively. 

Miranda Biddle, Chief Executive of the IMA said: “We recognise the concern, stress and uncertainty that this situation may cause for affected citizens.  

“We have been engaging with the Home Office to secure assurances about the safeguards it is putting in place and the robustness of its decision-making.   

“The IMA will continue to closely monitor how it implements the new guidance.”  

If you need further advice or information about issues you may be facing, you can find details of various organisations including charities, citizens’ rights groups and public bodies that may be able to help you here.

If you have experienced any issues, please contact the IMA through our complaints portal. If you have any concerns about absences from the UK and retaining EUSS status, you can share your experience on our your story page.

Although millions of citizens have successfully secured their EUSS status, the IMA launched an inquiry after receiving reports of citizens experiencing delays in receiving the results of their EUSS application.  

The IMA was set up to ensure the rights of EU citizens and their family members are upheld by public bodies after Brexit. 

The EUSS is a Home Office scheme which allows EU and EEA EFTA citizens resident in the UK by 31 December 2020 and their family members to apply for settled or pre-settled status. This enables them to continue living, working and studying in the UK after Brexit. 

Since the introduction of the EUSS, the UK Government has required people to apply for this residence status, rather than being granted rights automatically. EU citizens must apply online to the EUSS. Status is granted only after an application is submitted and approved. 

The purpose of the inquiry was to assess whether the Home Office was making decisions on applications to the EUSS within a reasonable time and the impact of any delay on citizens.  

Delays to applications significantly affect people’s lives and their rights. Although the Certificate of Application is intended to provide temporary protections, allowing individuals to work, rent and access services while their EUSS application is pending, citizens reported that these protections were not always recognised. 

Citizens reported losing job opportunities or being unable to start work; others faced housing insecurity, including mortgage refusals and tenancy rejections, while some were denied boarding or entry at the border despite having a pending EUSS application. 

The inquiry found that the Home Office had not always complied with an obligation under the Withdrawal and Separation Agreements (the Agreements) to issue decisions on EUSS applications within a reasonable time. 

The IMA also found that the policy and practice of pausing certain EUSS applications at the suitability stage without considering individual circumstances was considered a breach of the Agreements. This issue has been addressed following a legal case in which the IMA intervened. The Home Office updated its guidance on EUSS suitability requirements accordingly. 

We identified significant delays in allocating cases to caseworkers at key stages in some cases. These included delays of up to nine months at the suitability stage, which checks applicants’ conduct and criminal history. It is the IMA’s view that this amounted to a breach of the Agreements. 

It is important that citizens and their family members who apply to the EUSS have certainty of their status as it is used to evidence rights, for example the right to work, rent or access benefits. 

The inquiry looked at a number of different areas including the policy and process adopted by the Home Office for EUSS applications and any impact on citizens’ lives caused by delays in deciding applications. 

The IMA recognises the time which has passed since the evidence gathering stage of the inquiry. This means that there will have been changes in the EUSS that have had an impact on application times. 

The IMA’s recommendations to the Home Office include considering what changes can be put in place to prevent misrouting of applications, delays in allocation and duplicated evidence requests. 

The Home Office should also consider improvements in transparency and communication to applicants whose application is not decided within its published EUSS processing times. 

Miranda Biddle, Chief Executive of the IMA said: “We recognise that millions of people have successfully applied to the EUSS. However, we received information and reports that some applications had been delayed. 

“As a result, we exercised our powers to launch an inquiry, as we had reasonable grounds to believe the Home Office may not have fully complied with the Agreements in terms of deciding some applications within a reasonable time.  

“Delays have had real world impacts on citizens, including uncertainty, stress and difficulties accessing employment, housing, healthcare and travel.  

“We will now engage with the Home Office as it develops and implements its response to our recommendations.”  

Read the report on the IMA’s website. 

These domestic abuse routes include Appendix Victim of Domestic Abuse to the Immigration Rules and the Migrant Victims of Domestic Abuse Concession. People might choose to apply under these routes to gain access to public funds when their relationship ended due to domestic abuse.   

The IMA shared stakeholders’ concerns about the Home Office’s position that people who acquired status through the domestic abuse routes would lose their original pre-settled status and access to documents proving their ongoing rights under the Citizens’ Rights Agreements. It is reported that this has caused difficulties for individuals trying to prove or access their rights. 

The IMA wrote to the Home Office to communicate our position and explore ways to address these issues.

The Home Office has announced changes that will enable citizens to hold both their original pre-settled status under the EU Settlement Scheme, confirming their rights under the Agreements, and permission to stay under the domestic abuse route concurrently. The department has published updated caseworker guidance to support these changes.   

The Home Office has confirmed it will apply these changes retrospectively, meaning those who have already obtained permission to stay under the domestic abuse routes will be deemed to have retained their original pre-settled status alongside it.   

However, the digital status system can only display a citizen’s most recent status. This means it will not show a person’s original pre-settled status if they have subsequently acquired status via the domestic abuse routes. Instead, details of their pre-settled status will be accessible through other Home Office systems.  For example, employers and landlords can use the Home Office’s Employer Checking Service and Landlord Checking Service, respectively, to verify a person’s pre-settled status. 

While the IMA welcomes that the Home Office has taken steps to ensure citizens can keep their pre-settled status when they are also granted permission under the domestic abuse routes, we will continue to work with the department to understand the details of its revised policy and assess whether it fully aligns with the Citizens’ Rights Agreements. We will continue to liaise with stakeholders as well as the Home Office.  

The IMA was granted permission to intervene in this judicial review, however, the litigation was withdrawn by the Claimant before the IMA filed written submissions. More information about this case can be found here.

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 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.