Protecting EU citizens’ rights into the future: interview with head of independent regulator IMA
The Independent Monitoring Authority for the Citizens Rights Agreements (IMA) was set up in 2021 to ensure that public authorities in the UK and Gibraltar comply with the Brexit deals, and citizens from the EU and EFTA countries (Iceland, Liechtenstein, Norway, and Switzerland) do not face obstacles or discrimination while securing their new legal status.
With 60 staff based in Swansea, the IMA has since addressed hundreds of complaints, launched enquiries, published guidance, and won landmark legal cases in support of EU citizens.
In this interview with Europe Street, chief executive Miranda Biddle discusses the work done so far and how the IMA will continue protecting the rights of EU citizens in the future.
Ten years after the Brexit referendum and five since the IMA was set up, what is the situation for EU and EFTA citizens in the UK?
Between the referendum and the withdrawal agreement, it was clear that there was a real commitment to consider the Brexit impact on EU citizens residing in the UK. Part of us being here as the IMA reflects that commitment, not just to protect the rights of EU citizens, but also to have an independent regulator checking the ‘homework’. This independent oversight is something you don’t always see in governments. The challenge has been that nobody knew the scale of the numbers. The assumption was that there were around three million EU citizens in the UK, but 5.8 million have received pre-settled or settled status under the withdrawal agreement.
How has the EU Settlement Scheme (EUSS) – the system requiring EU citizens to apply to maintain their rights post-Brexit – worked?
The majority of applications have been concluded with settled status [the right to stay which is acquired after 5 years of continuous residence] but there are 1.4 million citizens who have pre-settled status, and the challenge is that there are still late applications. There are still cohorts of citizens who didn’t realise the scheme applied to them or have taken an active decision not to apply. So Brexit is certainly not done.
Why do you think many people are still unaware of the scheme?
Some communities have been in the UK for many years, so it feels normal that they are here and they do not always recognise that they needed to apply to the EUSS. It is one of those things that keep me up at night that there are still people genuinely surprised that they need to apply. We have to raise awareness again and again. There was a lot of promotion at the opening of the scheme but the further we move away, the more we have to keep repeating those messages. There is also confusion about the withdrawal agreement and national law. When there are changes in the immigration system, such as the increase of the spousal visa fees or the introduction of the electronic travel authorisation, they do not necessarily apply to withdrawal agreement beneficiaries. But that’s not how it feels. I continually remind that this group of citizens are protected in international law and these protections continue to be honoured. There’s the constant need to make clear what is or isn’t relevant to them. There is also confusion between the rights of EU citizens under the withdrawal agreement and those who have arrived after Brexit.
What is the role of the IMA?
The IMA was set up as part of the EU-UK withdrawal agreement as an independent body to oversee the implementation of the withdrawal agreement rights. It is funded by the UK government and has broadly the same powers the European Commission has regarding British citizens living in Europe. We are responsible for monitoring to make sure that the agreements are implemented as they should, but also to ensure that public authorities understand their responsibilities and that citizens know they need to apply to the EU Settlement Scheme, how to do it and the rights that they are entitled to. It is an unusual independent organisation because we have the ability to undertake enquiries on our own initiative and publish recommendations, and the UK government is required to respond in public. We also have the ability to litigate on our own initiative, and that is unusual too for a regulator.
Have many complaints has the IMA received so far?
We have had over 900 complaints in the past five years. We are not a watchdog in the sense that we resolve individual cases for citizens. We look at the systemic issues, those with the biggest impact on citizens’ lives, and we use our powers to tackle them. Alongside formal complaints, in the past 18 months we have opened up channels that allow citizens to let us know about their concerns anonymously. We have created a link called Your Story, where people can tell us anecdotally what is happening and we can initiate work from that. We have also increased our stakeholder engagement, going to citizens representative groups, attending conferences and meetings. We have doubled the size of our citizens panel, where we hear directly the voice of EU citizens, and of course, we do the annual survey.
What are the most common issues people raise with the IMA?
Much of the focus remains on how to get settled status. Within that, how to prove residency is the top issue and the department that’s most complained about is the Home Office. But a citizen once told me that getting the status is the beginning, not the end of the journey. Even when people receive settled status, there might still be challenges. There are concerns around accessing healthcare and social security, and by social security I mean not only universal credit, but also working tax credits, support to working parents, disability support, or the transfer of pension rights. We are also very mindful of future generations. Following our survey, one of the things we are really concerned about is the lack of understanding of when people need to apply for their children, because it is not automatic that they have British citizenship. This will continue to be an area of concern for us.
A matter of concern is that the settled status is digital only and people have to request a code to prove their legal position.
Having a digital system for the EUSS is not incompatible with the withdrawal agreement. The IMA is aware of the concerns and continues to seek assurances from the Home Office that the system is resilient, accessible and enables EU citizens to prove their rights. We have received few formal complaints about that, but this is not to say that we don’t know it remains a concern. It is also a matter of different experiences. If you are used to have an identity card that you can use for travelling and for accessing services, it must feel strange in the UK to have to rely on a share code, and certainly this adds a layer of anxiety when travelling. We are trying to make sure that people are as confident as they can be about using the system.
Another area of concerns is how to bring family members to the UK.
This features in new applications and that’s to be expected because life now may not be the same as a few years ago. Family reunification is still possible for beneficiaries of the withdrawal agreement, absolutely. The challenges are related to some of the changes in the government guidance and the evidence people have to provide. I always try and explain the story the other way around. My sister-in-law lives in Switzerland, so I go and visit her twice a year, but I don’t intend to live there. If at one point, I’d need to go and care for her, the challenge would be to explain why I didn’t apply when I went to visit her years ago. It’s about being clear on why the situation has changed. We are working with the Home Office to improve clarity on the guidance.
Are some nationalities or groups more likely to encounter problems than others?
This is difficult to know because of how the data is collected and recorded. We know that the highest number of applicants to the EU Settlement Scheme are Polish, Romanian, Italian, Spanish and Portuguese citizens. Based on research, we know that citizens with an ethnic minority background report more experiences of discrimination. There is a higher rate of refusal for Romanian nationals, but it is really hard to drill down further details.
What will be the role of the IMA going forward?
For another five to ten years the focus will remain on people getting settled status. The IMA continues to have a role in ensuring that people are aware about it, but also in making sure those systems work effectively because the status isn’t static and changes with life. In the future there will be more concerns about transferring pension benefits, joining family members and absences. The commitment within the withdrawal agreement was that the IMA should be in place until at least 2028-2029. We are currently discuss with the government on how the IMA will look like beyond that.
With Reform UK threatening to end welfare benefits for non-UK citizens, including EU citizens, and to override the withdrawal agreement if they win the next general election, how secure are the rights of EU citizens in the UK?
The rights of citizens under the withdrawal agreement are protected in both international and domestic law. Within the UK, the IMA would monitor potential legislative changes, provide a report, and launch litigation if there is incompatibility with the withdrawal agreement. Any amendments to legislation would have to be debated and voted on in the House of Commons and the House of Lords, so there will be a very public and transparent debate. In international law, any deviation from the withdrawal agreement would be litigated within the European Court. I would say that the feeling and experience of uncertainty in the UK isn’t that different in other countries in Europe. Switzerland, for example, just held a referendum on capping population numbers. Immigration and citizenship rules change with politics but I am confident that the rights under the withdrawal agreement will not change as there are safeguards in place and a general commitment to protect them. Let’s not forget that 8% of the population and 7% of payroll jobs in the UK are EU citizens who contribute to our communities, our needed skills and development. EU citizens are part of the infrastructure of our country.
Further information about the Independent Monitoring Authority can be found here.
Claudia Delpero, Europe Street News © all rights reserved
Image by Matt Silveira on Unsplash
Europe Street News is a news service on the European Union and citizens’ rights. We are fully independent and we are committed to providing factual, accurate and reliable information. As citizens’ rights are at the core of democracy, our website and newsletter are free to read. Please consider making a contribution of your choice using this link or the menu below so we can continue and expand our coverage. We are always happy to hear your suggestions and ideas for improvement. Thank you!ù
