Independent Monitoring Authority urges Home Office
to clarify travel rules for EU Settlement Scheme applicants.
London, England — EU citizens with pending UK
residency applications should be allowed to travel abroad and return without
fear of deportation, the UK’s post-Brexit rights watchdog has told the Home
Office, following a series of controversial removals.
The Independent Monitoring Authority for Citizens’
Rights Agreements (IMA) has issued a formal warning to the Home Office over
what it calls “serious concerns” about the treatment of EU nationals awaiting
decisions under the EU Settlement Scheme.
At the heart of the dispute is the right of those
holding a valid Certificate of Application (CoA) to travel freely in and out of
the UK for business, leisure, or family visits.
While the IMA insists that CoA holders retain this
right, multiple recent incidents suggest some border officials are refusing
entry — in some cases detaining and deporting travelers.
One such case involved a 34-year-old Spanish woman,
referred to as Maria, who had been living in the UK with her British husband.
She was detained at Luton Airport after returning from a Christmas trip to
Spain and was removed the following day, leaving her job and home behind.
In another incident, Greek Cypriot national Costa
Koushiappis was stopped on arrival from Amsterdam to Edinburgh. While he was
given three days to settle his affairs, he was ultimately deported.
IMA chief executive Miranda Biddle said: “A citizen
with a valid certificate of application has a right to exit and enter the UK
while waiting for a decision, subject to providing any additional documentation
required at the border.”
The IMA has sought clarification from the Home
Office, saying current guidance to Border Force officers is unclear and risks
discouraging citizens from exercising their rights.
The issue is further complicated by the UK’s
forthcoming electronic travel authorisation (ETA) system, which will require
many visitors to obtain pre-approval before travel. CoA holders are not
eligible for an ETA but are also not exempt, creating uncertainty about how
they will be processed at the border.
Grassroots campaign group the3million expressed
disappointment with the IMA’s position, arguing it effectively endorses the
Border Force’s demand that EU citizens carry extra proof of pre-Brexit
residence — something they say is not required under the Withdrawal Agreement.
“A CoA should be sufficient proof of rights until a
final decision is made,” the group said.
The Home Office, in response, stated that CoA
holders are informed they may be asked to provide evidence at the border to
show they qualify under the scheme.
“All individuals with a certificate of application
are made aware that they may be asked for evidence to show that they qualify
under the scheme before they are allowed entry to the UK,” a spokesperson said.
Campaigners warn that without clearer and more
consistent guidance, EU citizens could continue to face distressing and
unlawful refusals at the UK border.
For those affected, the uncertainty has already
caused disruption to lives, relationships, and employment — reigniting tensions
over the UK’s post-Brexit immigration system.