Citizens’ Rights Watchdog Marks Third Year in Operation

As the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) marks its third year in operation it is reflecting on some of the areas where it has taken action to ensure the rights of EU and EEA EFTA citizens and their family members are being upheld by public bodies.

The IMA was established at 11pm on 31 December 2020. We were set up to monitor public bodies in the UK and Gibraltar to ensure they are upholding citizens’ rights as well promote the rights to which EU and EEA EFTA citizens and their family members are entitled to receive.

These rights broadly give European citizens the rights to live here, working, studying and raising their families as they did before the UK left the EU.

During our first three years in operation some of the work we’ve undertaken has included:

• Issuing successful judicial review proceedings against the Home Office, as the IMA considers that citizens who fail to apply for Settled Status before the expiry of their Pre-Settled Status automatically lose their rights, is unlawful. In taking legal action the IMA wanted to provide clarity for millions of citizens with Pre-Settled Status.
• Launching a number of inquiries including one to assess whether there are delays with issuing of Certificates of Application to the EUSS and making a number of recommendations.
• Issuing an open letter to airline carriers to remind them of the rights of EU and EEA EFTA citizens and their family members entering the UK.
• Undertaking a number of surveys to assess the sentiment of EU and EEA EFTA citizens living in the UK and Gibraltar after the UK left the EU.
• Reaching an agreement with HMRC to resolve delays experienced by EU citizens when obtaining National Insurance documentation.This followed a number of complaints from European citizens experiencing problems accessing social security in their home countries who relied on a Statement of National Insurance Contributions from HMRC when applying for benefits.
• Analysing over 100 pieces of legislation.
• Receiving a Practice Direction which means that when a party serves a statement of a legal case which raises a citizens’ rights issue, that party must send a copy of the statement of case to the IMA at the same time.
• Receiving confirmation from the Home Office that EU Settlement Scheme (EUSS) family permits can be granted to dependent relatives who are extended family members of EU or EEA EFTA citizens who applied for an EEA family permit before 31 December 2020 and would have been granted this, including on appeal, had the route not closed on 30th June 2021.
• Working with the Department for Education to amend legislation which could have excluded some EU and EEA EFTA families living and working in England from receiving up to 30 hours of free childcare.
• Calling on the Home Office to clarify the rights of EU citizens applying late to the EUSS and reminding public bodies of their duty to uphold the rights of late applicants or those who might be awaiting the results of their EUSS applications. The IMA also advised all UK universities and colleges to ensure they were aware of the latest guidance for students who had applied to the EUSS.
• Ensuring EU and EEA EFTA citizens with Pre-Settled and Settled Status continue to receive local authority housing support by Newham Council and Pembrokeshire County Council.
• Launching a #YourRights campaign on Instagram, Facebook and European-language podcasts and radio stations to increase understanding of EU and EEA EFTA citizens’ rights in the UK and Gibraltar after Brexit.
• Recommending changes to the process for EU and EEA EFTA citizens to apply for UK-issued European Health Insurance Cards (EHIC) after the system became overwhelmed earlier this year. This followed several complaints from EU citizens who were experiencing delays and uncertainty in obtaining the cards.

The IMA encourages citizens and their family members who believe their rights are not being upheld to make them aware of this through their online portal.

Miranda Biddle, IMA Chief Executive said:

“When the IMA launched three years ago it was with a clear intent to do all we can to make sure the lives of EU and EEA EFTA citizens and their family members living here and in Gibraltar, raising their families, working, studying and receiving support where needed could continue as normal after the UK left the EU.

“As part of this we have always been keen to work with public bodies to ensure we can bring swift resolution to any issues so that citizens receive those rights to which they are entitled with as little inconvenience and interruption as possible.

“From the work we have undertaken I think we have demonstrated that we are not afraid to take action where it is needed and we look forward to continuing to work with public bodies and our stakeholders to ensure that citizens and their family members can continue to exercise their rights.”