IMA inquiry finds delays in processing some EUSS applications within a reasonable time
The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) inquiry has found that the Home Office breached the rights of EU and EEA EFTA citizens by failing to deal with some EU Settlement Scheme (EUSS) applications in a reasonable timeframe.
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.”