Independent Monitoring Authority reflects on first year in operation

The organisation, which was established at 11pm on 31 December 2020 to monitor public bodies in the UK and Gibraltar to ensure they are upholding citizens’ rights, has resolved several issues where their rights under the Withdrawal and Separation Agreements were at risk of being breached.

Some of this work has included:

• Issuing 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 hopes to provide clarity for the 2.485 million citizens with Pre-Settled Status.
• 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.
• 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 the #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 also published its first Annual Plan setting out its objectives earlier this year.

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.

Dr Kathryn Chamberlain, IMA Chief Executive said:

“During our first year in operation we have demonstrated that we are prepared to take action where there is evidence of a systemic breach of EU and EEA EFTA citizens’ rights.

“While the IMA does carry out work based on its own initiative, we rely on having sufficient information to support the action we take. This is why it is crucial that eligible citizens who feel their rights aren’t being upheld report this to us via our complaints portal.

“Over the course of the coming years, it remains my hope that most issues can be resolved swiftly by working effectively with public bodies. We will continue to raise awareness of our work so that EU and EEA EFTA citizens and their family members can exercise their rights as they did before the UK left the EU.”