Date Published: 15.03.2023
Status: Past
Type: Equal Treatment & Employment
Outcome: Early case resolution
Last Updated: 08.09.2023

Civil Service Nationality Rules

Summary of Information

In November 2022 the IMA identified that the Civil Service Nationality Rules (CSNRs) did not appear to clearly reflect the position of Late Applicants and Joining Family Members to the EU Settlement Scheme.

Additionally, vacancies that were advertised via Civil Service Jobs did not appear to clearly reflect that Late Applicants and Joining Family Members to the EUSS were eligible to apply for relevant posts via Civil Service Jobs.

As provided for within the UK Governments Temporary Protection for Late Applicants to the EU Settlement Scheme which was announced on 6 August 2021, those who apply late to the EU Settlement Scheme, and joining family members, will have rights protected while their application is determined.

The IMA was concerned that the wording contained in the eligibility criteria of all advertised jobs via Civil Service Jobs, read in a way that excluded Late Applicants and Joining Family Members to the EUSS.

“Nationals from the EU, EEA or Switzerland with settled or pre-settled status or who apply for either status by the deadline of the European Union Settlement Scheme (EUSS)

Summary of Actions and Evidence

Having carefully considered the issues identified, the IMA approached the Cabinet Office to seek clarity.

The Cabinet Office clarified that late applicants to the EUSS, who have reasonable grounds for missing the original EUSS application deadline, may still be eligible to apply for Civil Service Roles as the relevant Home Office policy gives such individuals a further opportunity to apply for EUSS.

The Cabinet Office committed to reviewing the CSNR Eligibility Guidance, to ensure that late applicants to the EUSS are appropriately explained, so that such individuals can continue to be considered eligible to apply for civil service employment under the CSNRs and better reflect the protections late applicants have, and to avoid any misunderstanding of the CSNR policy when potential applicants are viewing civil service jobs.

Summary of Decision

The Cabinet Office has agreed to undertake the following actions:

  1. To provide the IMA with draft copies of the proposed updates to the Civil Service Nationality Rules and the ‘Civil Service Jobs Nationality Requirements’ which reflect that those who have made a valid application to the EUSS after 30 June 2021, including joining family members of EU and EEA EFTA citizens who have protected rights, are eligible to apply for relevant roles within the Civil Service. (by 07 April 2023)
  2. To update the Civil Service Nationality Rules, to provide that those who have made a valid application to the EU Settlement Scheme after 30 June 2021, including joining family members of EU and EEA EFTA citizens who have protected rights, are eligible to apply for relevant roles within the Civil Service. (The Cabinet Office to make the IMA aware that this has been completed by 21 April 2023.
  3. To update the ‘Nationality Requirements’ via Civil Service Jobs to correctly reflect that those who have made a valid application to the EUSS after 30 June 2021, including joining family members of EU and EEA EFTA citizens who have protected rights, are eligible to apply for relevant roles within the Civil Service. (The Cabinet Office to make the IMA aware that this has been completed by 21 April 2023).

On the basis of the proposed actions that the Cabinet Office has agreed to, the IMA believes that the potential concerns identified can be resolved and the issue concluded as an Early Case Resolution.

The IMA will monitor the Cabinet Office’s compliance with these actions with an end date of 21 April 2023. An update will be published at the end of the monitoring phase.

Update of Monitoring & Compliance

Monitoring compliance with the agreed actions is still ongoing with a proposed end date of 30 June 2023.

As of 7 July 2023, compliance with the agreed actions has not been achieved.

The IMA has now concluded the Monitoring & Compliance period with The Cabinet Office and consider the actions that have been completed will resolve the issues identified.

Does this issue affect you?

The complaints submitted to us help build a picture of where there are common, wide-reaching, or systemic issues with how UK public bodies are implementing the Withdrawal Agreement(s) for EU and EEA EFTA citizens’ rights.