Local Authorities reminded to consider all rights to reside within Citizens’ Rights Agreements

Residency ,

The IMA is reminding local authorities of their duties to comply with the Withdrawal Agreement and EEA EFTA Separation Agreement, which includes recognising all rights to reside contained within those agreements.

This comes after a case in which the IMA intervened was settled recently.

In this instance the Local Authority had refused an application for homelessness assistance to a citizen with pre-settled status within scope of the Withdrawal Agreement. The citizen in question had a derivative right to reside, and so the IMA considered the Local Authority’s refusal of assistance to be unlawful and contrary to the Withdrawal Agreement. In broad terms, a derivative right to reside is one where a citizen’s right of residence within the UK derives from another. Here the right derived from a child in education in the UK. The IMA’s skeleton argument, setting out its full view of this case, is available on the website.

The Local Authority had initially proceeded to defend this appeal. However this case has now settled on the basis that the Local Authority has conceded the first ground of appeal, accepting that the Appellant does have a derivative right to reside in the UK and held this right at the time of an application for homelessness assistance.

The IMA is pleased that the case was settled, with the Local Authority accepting the Appellant’s residence rights, and therefore entitlement to homelessness assistance.

Anyone experiencing difficulties accessing their rights is encouraged to report it via the IMA’s complaints portal.

More information about the rights of EU and EEA EFTA citizens who have applied

to the EU Settlement Scheme can be found on the IMA’s website.

You can also read more about the work of the IMA and download and share resources such as leaflets about citizens’ rights.