The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) has found that the Home Office failed in some cases to decide EU Settlement Scheme (EUSS) applications within a reasonable time, breaching the UK’s obligations under post-Brexit citizens’ rights agreements.
The finding follows a formal inquiry launched after reports of prolonged delays affecting EU, EEA and Swiss citizens and their family members applying for status under the scheme. While millions of applications have been processed successfully since the EUSS was introduced, the IMA concluded that a subset of cases experienced delays that went beyond what is legally acceptable.
The EUSS applies to EU and EEA nationals who were resident in the UK by 31 December 2020. It provides either settled or pre-settled status, allowing individuals to continue living, working and studying in the UK. Unlike previous free movement arrangements, individuals are required to apply and receive confirmation of their status before their rights are recognised in practice.
Outcome of the inquiry
The IMA identified delays at several stages of the decision-making process, including significant waiting periods before applications were allocated to caseworkers. In some cases, delays of up to nine months were recorded at the “suitability” stage, where the Home Office assesses issues such as criminal history and conduct.
The IMA concluded that these delays breached the requirement under the Withdrawal and Separation Agreements to determine applications within a reasonable timeframe.
The inquiry also found that earlier Home Office practice of pausing certain applications at the suitability stage, without properly considering individual circumstances, was incompatible with those agreements. This issue has since been addressed through updated guidance following legal challenge.
Impact on applicants
The findings highlight that delays are not only administrative but can have direct consequences for individuals’ ability to exercise their rights in the UK. Applicants reported losing job opportunities or being unable to start work, while some faced housing difficulties, including refused tenancies or mortgages. Others experienced problems travelling, including being denied boarding or entry to the UK.
Although applicants are issued with a Certificate of Application while their case is pending, which is intended to protect their rights, the IMA found that this protection is not always recognised in practice by employers, landlords or carriers.
Next steps and expected changes
Although the main EU Settlement Scheme deadline has passed, applications continue to be made and decided in specific categories, including late applications with reasonable grounds, joining family members and applications to convert pre-settled status to settled status. The Home Office therefore remains under an ongoing legal obligation to process these cases within a reasonable timeframe.
Against that backdrop, the IMA’s findings are likely to focus attention on how this remaining caseload is handled, particularly where applications involve complexity or extended suitability checks.
For individuals, the position remains that applications should be complete, supported by clear evidence and actively monitored. Delays in residual EUSS cases can still have practical consequences, and where a decision is significantly overdue, escalation or legal advice may be appropriate.
For employers and other organisations, the report highlights the continued importance of understanding how pending EUSS applications operate in practice. A person with a valid Certificate of Application can retain the right to work or rent, but checks need to be carried out correctly to avoid unlawful refusals or discrimination risks, especially where status is still pending.
The IMA has made a number of recommendations to the Home Office aimed at improving how remaining EUSS applications are processed. These include reducing delays in case allocation, preventing misrouting of applications and limiting repeated or unnecessary evidence requests.
It has also called for improved communication with applicants whose cases fall outside published processing times, so that individuals have greater clarity over their status while waiting for a decision.
The Home Office is now expected to respond to these recommendations and set out how it will improve decision-making processes for ongoing EUSS cases. For applicants and advisers, the report indicates continued scrutiny of how these applications are handled and reinforces the expectation that delays should be justified and kept within reasonable limits under the UK’s international obligations.
