Update on pre-settled status retention
The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) has been examining whether the rights of EU, EEA and EFTA citizens are being upheld when individuals with pre-settled status as a resident or joining family member later acquire immigration status under one of the routes for victims of domestic abuse.
These domestic abuse routes include Appendix Victim of Domestic Abuse to the Immigration Rules and the Migrant Victims of Domestic Abuse Concession. People might choose to apply under these routes to gain access to public funds when their relationship ended due to domestic abuse.
The IMA shared stakeholders’ concerns about the Home Office’s position that people who acquired status through the domestic abuse routes would lose their original pre-settled status and access to documents proving their ongoing rights under the Citizens’ Rights Agreements. It is reported that this has caused difficulties for individuals trying to prove or access their rights.
The IMA wrote to the Home Office to communicate our position and explore ways to address these issues.
The Home Office has announced changes that will enable citizens to hold both their original pre-settled status under the EU Settlement Scheme, confirming their rights under the Agreements, and permission to stay under the domestic abuse route concurrently. The department has published updated caseworker guidance to support these changes.
The Home Office has confirmed it will apply these changes retrospectively, meaning those who have already obtained permission to stay under the domestic abuse routes will be deemed to have retained their original pre-settled status alongside it.
However, the digital status system can only display a citizen’s most recent status. This means it will not show a person’s original pre-settled status if they have subsequently acquired status via the domestic abuse routes. Instead, details of their pre-settled status will be accessible through other Home Office systems. For example, employers and landlords can use the Home Office’s Employer Checking Service and Landlord Checking Service, respectively, to verify a person’s pre-settled status.
While the IMA welcomes that the Home Office has taken steps to ensure citizens can keep their pre-settled status when they are also granted permission under the domestic abuse routes, we will continue to work with the department to understand the details of its revised policy and assess whether it fully aligns with the Citizens’ Rights Agreements. We will continue to liaise with stakeholders as well as the Home Office.
The IMA was granted permission to intervene in this judicial review, however, the litigation was withdrawn by the Claimant before the IMA filed written submissions. More information about this case can be found here.
If anyone has concerns about whether their rights have been impacted, this can be reported to us via our complaints portal. Citizens can also share their experiences by contacting us and sharing your story.
More information about these rights can be found on our website. Here are some useful contacts, should you need further help.