Impact of Earned Settlement Reforms on the EUSS
The UK Government recently (2 November 2026), announced new rules around the right to live in the UK including reforms on the route to settlement, referred to as ‘earned settlement’. This announcement follows on from the Government’s White Paper on Immigration which was published last year.
The White Paper resulted in concerns from EU and EEA EFTA citizens and their family members, who have rights under the Withdrawal Agreement and EFTA Separation Agreement (the Agreements), that they would be affected by a proposed new 10-year route to settlement.
At that time, we raised this concern with the Home Office who confirmed that the new 10-year route would not apply to beneficiaries of the Agreements.
This is because the rights, which include those of residency and the right to work and study, conferred by the Agreements were put in place when we left the European Union and any changes would require further agreement with the EU.
The IMA has reviewed the UK Government’s recent update alongside the November 2025 Earned Settlement consultation and our view remains that the EU Settlement Scheme (EUSS) remains expressly excluded from the reforms.
To provide further reassurance to EU and EEA EFTA citizens and their family members whose rights are protected by the Agreements, the IMA is engaging with the Home Office to clarify our understanding.
If you are concerned that your rights have been impacted, we urge you to report your concerns to us via our complaint’s portal.
We would also continue to encourage eligible citizens to apply for the EUSS and for those that already have EUSS status to ensure their UK Visa and Immigration Accounts are kept up to date. More information on both is also available on our website.