EU citizens UK residency rights must be protected when applicants make short trips abroad while waiting for Home Office decisions on their pre-Brexit status, the Independent Monitoring Authority for Citizens’ Rights Agreements (IMA) has warned.
The statutory body has written to the Home Office raising “serious concerns” over cases where applicants with a valid Certificate of Application (CoA) have been denied re-entry to the UK after leaving for family visits, holidays, or business trips.
The IMA says that a valid CoA should allow holders to leave and re-enter the UK, provided they meet relevant border requirements.
Cases of Deportation Despite Valid Documents
Despite this position, some EU citizens have been detained or deported on return.
One case involved a 34-year-old Spanish woman, “Maria,” who had lived in the UK with her British husband. She was removed after returning from Spain, where she had visited her sister and newborn niece, despite presenting Home Office documents confirming her right to live and work in the UK.
Another case saw Greek Cypriot Costa Koushiappis removed after a short trip to Amsterdam in November. While border officials in Edinburgh gave him three days to organise his affairs, he still lost his UK residence. His employer, Stuart West-Gray, described him as a “star” employee at his Scottish motorcycle company.
IMA Pressures Home Office to Clarify Rules
IMA Chief Executive Miranda Biddle stressed:
“A citizen with a valid certificate of application has the right to exit and enter the UK while awaiting a decision on their EU Settlement Scheme application, subject to providing required documentation at the border.”
The IMA has repeatedly requested clarification from the Home Office, describing current guidance for border officers as unclear. It is also urging action before the new electronic travel authorisation (ETA) rules take effect. Under the planned system, CoA holders will not qualify for an ETA but will still be required to prove their right to enter the UK.
Campaigners Criticise Current Approach
Grassroots group the3million expressed disappointment with the IMA, accusing it of accepting Border Force demands that EU citizens carry extra proof of pre-Brexit residence — something the group says is unnecessary.
They argue a CoA alone should be sufficient proof until a final decision is made.
The Home Office has promised a formal response to the IMA. A spokesperson said:
“All individuals with a certificate of application are made aware they may be asked to provide evidence to show they qualify under the scheme before being allowed entry to the UK. Equivalent guidance has been issued to Border Force officers and published online.”
