IMA raises concerns about travel difficulties for EU Settlement Scheme applicants

Those who have made a valid application to the EUSS and are awaiting the outcome of that application and any appeal are issued with a Certificate of Application (CoA) which evidences the temporary protection of their rights in the UK under the Withdrawal Agreement or the EEA EFTA Separation Agreement.

The IMA has previously written to the Home Office to seek clarification of its position on the rights of citizens in receipt of a CoA when travelling to the UK as it considers the guidance from the Home Office to be unclear.

Some Home Office guidance refers to being able to travel with a CoA as it can be confirmed at the border if needed, while the CoA itself advises against travel.

The IMA’s position is that citizens who hold a valid CoA have the right to leave and re-enter the UK, subject to meeting relevant requirements. Some citizens may therefore need to show further documentation in addition to their CoA at the UK Border.

Chief Executive of the IMA Miranda Biddle said,

“Citizens with a valid Certificate of Application are currently facing uncertainty about whether they can travel which we know is causing disruption and worry.

“Conflicting Home Office guidance on Certificates of Application—ranging from assurances that they can be confirmed at the border to warnings against travel—create real difficulties for EUSS applicants seeking clarity on their rights.

“Our position is that a citizen with a valid Certificate of Application has a right to exit and enter the UK while waiting for a decision on their EUSS application, subject to providing additional documentation required at the border.

“We are keen to continue to work with the government to ensure guidance for CoA holders is consistently clear to ensure citizens are not discouraged from exercising their rights.”

The IMA is particularly concerned that clarity is provided before Electronic Travel Authorisations (ETAs) are enforced in 2026, as carriers will not then be able to allow passengers with a CoA to travel to the UK.

This is because CoA holders are not eligible for an ETA but are also not exempt from needing an ETA or visa and will therefore be unable to demonstrate permission to travel to the UK.

The IMA is advising citizens travelling to the UK who have made a valid application to the EUSS to have access to their CoA, as well as evidence of their UK residence before and since 31 December 2020 or an EUSS family permit, so they can show them to border officials if requested.

Anyone who has concerns about whether their rights have been impacted can report it via the IMA’s complaints portal or by emailing our dedicated travel inbox. The IMA is also working with other organisations to understand the challenges for citizens while travelling. Here are some useful contacts, should you need further help.

More information about citizens’ rights can be found on the IMA’s website. Citizens can also inform the IMA of their experiences by sharing your story.

Note to Editors:

• Home Office requirements set out in travel guidance for CoA holders include using the identity document linked to the EUSS application and providing evidence of UK residence before and since 31 December 2020 (and of family relationship where relevant) or a valid or (in some cases) expired EUSS family permit. More detail can be found on the IMA’s Travel Guidance page and in Home Office guidance