Hopes are rising for EU citizens navigating legal uncertainties in the UK post-Brexit, as the Independent Monitoring Authority (IMA) has stepped in to address growing concerns.
This follows reports of EU nationals being removed from the UK after traveling abroad, despite holding valid Certificates of Application (CoA) that indicate pending decisions on their right to stay.
The issue gained attention after several high-profile cases.
Among them was Costa Koushiappis, a Greek Cypriot removed from Scotland last month despite having a job and home in the UK.
His pre-settled status application was delayed due to a backlog, leaving him stranded after a visit abroad. Similarly, a Spanish woman was denied re-entry in January after visiting her family for Christmas.
The UK Home Office is under fire for what critics call a lack of clarity and consistency in handling the rights of EU citizens awaiting decisions under the EU Settlement Scheme.
While the CoA serves as proof for employers, landlords, and healthcare providers that an applicant is entitled to stay temporarily, it has failed to protect individuals at UK borders.
The IMA has formally written to the Home Office, demanding explanations of the CoA’s legal status.
It seeks to clarify whether the document sufficiently protects citizens from removal while their applications or administrative reviews are pending.
The IMA emphasized that while the CoA does not grant immigration status, it evidences temporary protection under the withdrawal agreement between the UK and the EU.
Under current laws, individuals denied entry following an administrative review are entitled to appeal their case at a tribunal.
However, for those affected, the ongoing uncertainty has created emotional and logistical challenges, with some unable to visit family or maintain job commitments due to fear of removal.
Lawyers and advocacy groups are urging the Home Office to resolve these issues promptly to uphold the rights of EU citizens and restore trust in the system.