Independent Monitoring Authority asks Home Office for clarity on border issues for those with pending EUSS applications

In the last few weeks there have been various reports of people with pending applications to the EU Settlement Scheme being issued with removal notices when re-entering the UK (for example, one covered in the weekly newsletter a couple of weeks ago and this story mentioned in yesterday’s newsletter). The Independent Monitoring Authority has now written to the Home Office asking for an explanation:

EU and EEA EFTA citizens and their family members who submitted a valid application to the EU Settlement Scheme (EUSS) but are awaiting the outcome of their application should receive a Certificate of Application (CoA) immediately.

While it does not confirm that the person has immigration status in the UK under the EUSS, it can be used to evidence the temporary protection of their rights, for example the right to work, rent or access benefits, while the decision on their application, or any administrative review or appeal, remains pending

Following the reports of issues at the border for some citizens, the IMA has written to the Home Office to seek clarification of its position on the rights of citizens in receipt of a CoA when travelling, including where an administrative review is pending.

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The Independent Monitoring Authority has also issued new guidance on understanding how absences from the UK may affect EUSS status.

Remember that we published a very useful explainer in September on travelling with and without status under the EU settlement scheme, including looking at the recent changes (which have no doubt led to the issues people are experiencing).