IMA continues to raise concerns over EUSS status granted in error
The Independent Monitoring Authority for the Citizens Rights’ Agreements (IMA) is aware of media coverage of the Home Office’s policy concerning individuals whose EU Settlement Scheme (EUSS) status it considers has been granted in error (the Policy).
Under the Policy, where the Home Office considers that an individual’s pre-settled status was granted in error, that status is allowed to expire rather than being changed to settled status or extended. Where an individual’s settled status is considered granted in error, that individual is not allowed to sponsor a family member under the EUSS.
The IMA has received a number of complaints about this issue. We have raised concerns with the Home Office about the impact of the Policy on those protected by the Withdrawal Agreement and EEA EFTA Separation Agreement (the Agreements), including the risk that people could lose residence rights. We have previously set out our concerns that the Policy is incompatible with the Agreements, specifically as it removes residence rights from individuals for reasons not permitted under the Agreements. We are also concerned as the Policy does not incorporate necessary safeguards and a right of appeal.
We are continuing discussions with the Home Office to better understand how cases where status is considered to have been granted in error are identified, processed and communicated to affected individuals. We continue to assess the operation of the Policy and its potential impact on those whose rights are protected under the Agreements.
We are also aware that the3million has started legal action against the Home Office challenging the Policy. The IMA has the power to intervene in legal cases, where we consider this is needed to promote the implementation or application of the Agreements. We will be considering the merits of intervening in this case once we have received the claim in line with our Litigation strategy.
Anybody experiencing difficulties as a result of this policy, including anyone who has been told their status was granted in error, is encouraged to report their experience through the IMA’s complaints’ portal.
Complaints help the IMA understand the issues EU and EEA EFTA citizens and their family members are experiencing and inform our work to promote and protect their rights.