Policy paper

Response to the Independent Monitoring Authority for the Citizens’ Rights Agreements report: ‘An Inquiry by the Independent Monitoring Authority into delays in issuing decisions on applications to the EU Settlement Scheme’

Published 11 June 2026

Report published on 11 March 2026; response published on 11 June 2026

The Home Office thanks the Independent Monitoring Authority for the Citizens’ Rights Agreements (the IMA) for the report of its Inquiry into delays in issuing decisions on applications to the EU Settlement Scheme.

We welcome the IMA’s report, which does not show systemic delays in the current operation of the EU Settlement Scheme (EUSS).

In accordance with the Citizens’ Rights Agreements,^{[footnote 1]} the EUSS enables EU, other EEA and Swiss citizens resident in the UK before the end of the post-EU exit transition period on 31 December 2020, and their relevant family members (including those who were not residing in the UK at that time, but had an existing family relationship), to obtain the immigration status they need to live in the UK. As of 31 March 2026, 5.8 million people held status under the EUSS: 1.3 million had pre-settled status and, generally reflecting at least five years’ continuous residence in the UK, 4.5 million had settled status.^{[footnote 2]}

Consistent with our commitment to continuing to improve the service provided under the EUSS within the resources available, the Home Office welcomes the scrutiny which the IMA has given to the scheme and the inquiry report’s findings and recommendations. The IMA’s inquiry was launched in September 2023 and is based largely on evidence gathered in 2023 and 2024. As the report recognises, that does not reflect the current operation of the EUSS.

To 31 March 2026, we had concluded 99% (8.8 million) of the 8.9 million applications received. We had also concluded 98% of the applications received (7.2 million out of 7.4 million) to 30 June 2023, before the IMA began its inquiry.^{[footnote 3]} This underlines the consistently good performance of the scheme.

It generally takes up to a month to decide an EUSS application where we do not need to ask for more information or evidence or do further checks. It may take three months where we need more information or evidence, for example where the applicant needs to provide more evidence concerning their UK residence or the family relationship on which they are relying. It may take six months or more in certain circumstances, for example where the applicant has a relevant criminal record.

In the meantime, the applicant’s rights in the UK – including the right to work – are protected pending the outcome of their EUSS application and any appeal. They can use their digital Certificate of Application (or their existing pre-settled status) to evidence those rights. The Home Office has made this clear to third parties (such as employer and landlords) through published guidance.

Extensive communication strategies are in place to help employers, landlords and letting agents understand their responsibilities under the EUSS. This includes clear, publicly available guidance and codes of practice published on GOV.UK, such as:

• Code of practice on right to rent civil penalty scheme for landlords and their agents.

• Code of practice on preventing illegal working: Right to Work Scheme for employers’.

• Landlords guide to right to rent checks

• Employers guide to right to work checks

These products are complemented by webinars, frequently asked questions documents, targeted updates and engagement events to ensure consistent understanding and application of the requirements.

The Home Office engages directly with sector representatives through established forums, including the Digital Verification Services group, the Employers Consultation Group and the Landlords Consultancy Panel. Through these groups, we work collaboratively with stakeholders to monitor the operation of the EUSS, identify emerging issues and promote equality of access and opportunity.

We have gone above and beyond our obligations under the Citizens’ Rights Agreements by making further improvements in customer service under the EUSS through an automated process to convert eligible pre-settled status holders to settled status where possible, without the need for them to make a further application. As of 31 March 2026, there had been around 103,820 such automated grants of settled status.

The number of EUSS applications awaiting a decision is not static and changes daily as applications are decided and new applications are received. As of 31 March 2026, internal management information (which is not quality assured to the standard of the published statistics) indicates there were 109,020 EUSS applications awaiting a decision, of which the majority (74,994 or 68.8%) had been pending for three months or less.

The data also shows that, as of 31 March 2026, the majority of pending applications (68,003 or 62.4%) were to convert to settled status from those who already have pre-settled status under the EUSS. They can continue to evidence their rights in the UK through their pre-settled status, until the outcome of their application for settled status. 58,045 (or 85.4%) of these pre-settled to settled status cases had been pending for three months or less.

We agree with the IMA that the Withdrawal Agreement (WA) requires us to decide EUSS applications within a reasonable timeframe, and that what is ‘reasonable’ will depend on the complexity of the case, the volume of applications to be dealt with, and need for additional evidence or verification. It will also depend on overall considerations as to how best to deliver a scheme as large as the EUSS within the substantial, but finite, resources available.

As recognised by the IMA,^{[footnote 4]} it necessarily takes longer to process some cases, including where the applicant has a relevant criminal record. We will not compromise the integrity of, or public confidence in, the EUSS where criminality and safeguarding checks are concerned. We work closely with the police, local authorities and other partners to ensure that necessary checks are completed as quickly as possible.

While responsibility for issuing conviction certificates in a timely manner sits with the relevant state (in line with their commitments under the WA where EU member states are concerned), we are strengthening our bilateral relationships with multiple countries to improve the provision of criminal records information and thereby expedite the caseworking process in relevant cases. In the meantime, the person has access to WA rights via their Certificate of Application.

The report refers to the previous practice of pausing EUSS applications pending the outcome of a criminal prosecution as this might have resulted in deportation action. As the report sets out, in June 2024, the Upper Tribunal found in Krzysztofik that this breached the WA, as the decision to pause the application did not take account of individual circumstances. As the report acknowledges, we therefore changed our approach in such cases, to grant status where the person is eligible, which is then invalidated where we later make a deportation order. The IMA’s intervention in Krzysztofik was helpful in establishing the correct approach for applicants with a pending prosecution and our implementation of that judgment removed a cause of delay in relevant cases.

Otherwise, the report does not substantiate any breach of the WA. It focuses on delays in allocating and processing some cases in 2023 and 2024. It does not show those to be systemic delays, given the massive scale of the EUSS. It also does not show that WA rights were breached in particular cases, as that would require an assessment of their individual circumstances. In the period in question, it was right for the Home Office to prioritise the implementation of changes made in August 2023 to keep spurious and abusive late applications out of the EUSS. This enabled caseworkers to concentrate on deciding valid applications as quickly as possible.

Our response to the report’s recommendations is set out below.

Where we have not accepted a recommendation, this generally reflects that, whilst we agree with its underlying aim, improvements made in the operation of the EUSS since the IMA’s inquiry was launched in September 2023 mean that, with 99% of the EUSS applications received to 31 March 2026 having been decided, there is not scope for proportionate further action to be taken. However, that should not be taken to imply any complacency on our part: continuous improvement has been a feature of the EUSS from the outset, informed by our engagement with stakeholders, and will remain central to its operation.

Recommendation 1

As part of its service delivery monitoring, the Home Office should undertake data gathering and analytics to consider correlations between delay duration and its impact on different rights and different groups of citizens (including vulnerability and protected characteristics such as race including ethnicity).

Not accepted

The Home Office does not accept this recommendation.

We agree with the IMA that there should be no disproportionate delays in deciding EUSS applications. The report does not provide any evidence of such delays, whether in respect of vulnerable citizens, those who share a protected characteristic under the Equality Act 2010 or otherwise. The report notes^{[footnote 5]} that the inquiry has not seen evidence from its case samples and dip samples to suggest that particular groups of people are being disproportionally affected by EUSS application delays.

We do not consider therefore that there is sufficient justification to collect further personal data from EUSS applicants. Given that 99% of the EUSS applications received have been decided and, in view of the need to make best use of finite resources, we do not consider it necessary or proportionate to introduce the additional data collection and monitoring arrangements proposed.

The UK has consistently published more comprehensive statistics on the EUSS than any EU Member State on their equivalent scheme.

Recommendation 2

The Home Office should consider what changes can be put in place to prevent misrouting of applications, delays in allocation and duplicated evidence requests.

Accepted

The Home Office accepts this recommendation, but we do not consider there to be a systemic issue with delays in this area.

In January 2023, a Service Line Management model was introduced to the EUSS, with the aim of monitoring and reviewing application processing times and service performance to ensure that the different types of applications are managed accordingly.

The main EUSS casework system (called PEGA) was designed in anticipation of dealing with a very large volume of cases. We have worked to introduce new routing mechanisms within PEGA and create case progression dashboards to monitor cases through the EUSS journey.

Since the start of the inquiry, we have introduced travel data checks to supplement automated checks of tax and benefits records, to help establish an individual’s residence in the UK.

We will review what further improvements can be made to prevent any misrouting or duplicated evidence requests.

Recommendation 3

The Home Office should consider how service from other agencies is monitored to ensure timely responses.

Not accepted

The Home Office does not accept this recommendation.

In the period since the inquiry was launched in September 2023, we have already undertaken extensive work with partner agencies to strengthen stakeholder relationships and refine processes. These improvements have been focused on ensuring cases progress as quickly and efficiently as possible.

Some high-risk cases, mainly involving overseas criminality, can take six months or longer to progress due to their complexity. Each of these cases is assigned a dedicated Suitability Assessment Team case owner, who maintains regular engagement with external agencies to ensure the necessary information is obtained at the earliest opportunity.

According to internal management information (which is not quality assured to the standard of the published statistics), as of 31 March 2026, there were 171 cases at the Suitability stage of the EUSS caseworking process awaiting an overseas conviction certificate and 12 cases at that stage awaiting clarification from another UK agency on the status of overseas criminal proceedings. We do not have a dependency on other agencies in respect of the status of UK criminal proceedings.

These cases are subject to regular review and, in the meantime, the applicant’s rights in the UK are protected pending the outcome of their EUSS application and any appeal. They can use their digital Certificate of Application to evidence those rights.

We therefore consider that our existing engagement with other agencies, and our monitoring of their response, is both effective and robust.

Recommendation 4

The Home Office should consider establishing escalation mechanisms with other agencies for delays in obtaining overseas criminal conviction certificates for applications under the EUSS and strengthen bilateral agreements for information exchange and report on the effectiveness of these measures.

Accepted

The Home Office accepts this recommendation.

We have established strong collaborative working relationships with the police and other partners, which includes embedding staff to ensure the appropriate prioritisation of EUSS cases. We have also strengthened our bilateral relationships with multiple countries to improve the provision of criminal records information.

Where an overseas conviction certificate is required, we inform the applicant that their case will be placed on hold until it is received. They are given the opportunity to obtain the certificate directly from their embassy or home country to help expedite their application.

As above, according to internal management information (which is not quality assured to the standard of the published statistics), as of 31 March 2026, there were 171 cases at the Suitability stage of the EUSS caseworking process awaiting an overseas conviction certificate.

These cases are subject to regular review and, in the meantime, the applicant’s rights in the UK are protected pending the outcome of their EUSS application and any appeal. They can use their digital Certificate of Application to evidence those rights.

Operationally, we are engaging directly with international partners through established channels to address delays in overseas conviction certificate responses. In parallel, we are looking to explore with UK partners how we can obtain publicly available extradition documents, which may provide sufficient detail in the absence of an overseas conviction certificate.

We will also continue to work closely with international partners to secure timely responses to our requests for criminal records information, in line with their obligations under the Citizens’ Rights Agreements. Where there are delays in obtaining overseas criminal records information, the Home Office, in tandem with the Cabinet Office where EU member states are concerned, will work to escalate the matter with the relevant home country. The UK also raised the issue with the EU at the meeting of the Specialised Committee on Citizens’ Rights held on 13 May 2026.^{[footnote 6]}

We will update the IMA in due course on the progress of this work.

Recommendation 5

The Home Office should consider more robust communication with other relevant public authorities when processing EUSS cases relating to children and vulnerable adults, including those with safeguarding concerns to mitigate delays and report on the effectiveness of these measures.

Not accepted

The Home Office does not accept this recommendation.

We recognise the importance of communicating safeguarding risks with Local Authority partners. The Home Office Safeguarding Advice and Children’s Champion is already working with key stakeholders to strengthen arrangements and ensure safeguarding referrals (across the Home Office) for children and vulnerable adults are communicated in a timely way. These include representatives from the Association of Safeguarding Partners and the Association of Directors of Adult Social Services.

Our guidance on making a safeguarding referral, developed in collaboration with our safeguarding partners and reviewed annually, helps operational staff to identify safeguarding risks and make relevant referrals.

Since the EUSS was launched in 2019, we have worked extensively to build relationships with key partner agencies, including police and children’s services, with the aim of safeguarding children and vulnerable adults. To ensure that our referrals meet the expectations of partners, we established feedback loops with service managers to support continuous improvement on an individual and unit-wide level.

The most complex cases are handled by a dedicated safeguarding team which represents the EUSS at multi-agency forums nationwide, including Rapid Reviews, strategy meetings and modern slavery multi-agency risk assessment conferences. The EUSS complies with national Home Office safeguarding guidance and collaborates with teams across the Department through working groups and networks to promote best practice.

We therefore consider that existing communication and engagement with relevant public authorities is both effective and robust.

Recommendation 6

The Home Office should consider how they engage with advocacy groups and stakeholders to identify and refine key issues in the EUSS application process, including the support of vulnerable applicants.

Not accepted

The Home Office does not accept this recommendation.

Regular stakeholder engagement, particularly where the needs of vulnerable applicants are concerned and how these can best be met, has been and remains central to the operation and continuous improvement of the EUSS. The Home Office’s EUSS vulnerability team co-ordinate quarterly meetings of the EUSS Safeguarding User Group.

From 1 April 2019 to 31 March 2026, the Home Office provided £32.5 million in grant funding to a range of voluntary and community organisations across the UK to enable them to help tens of thousands of vulnerable individuals apply to the EUSS. Whilst grant funding ceased on 31 March 2026, support arrangements for vulnerable applicants to the EUSS remain in place, in particular through the work of the Resolution Centre.

The Resolution Centre assists applicants seven days a week by telephone and email. There is also a dedicated telephone line and e-mail service for charities, voluntary sector organisations, Local Authorities and former grant-funded organisations to escalate vulnerable cases to the Home Office.

We therefore consider that our existing communication and engagement with advocacy groups and stakeholders is both effective and robust.

Recommendation 7

The Home Office should consider improvements in transparency and communication to applicants whose applications are not decided within the Home Office published EUSS processing times.

Accepted

The Home Office accepts this recommendation.

At the Suitability stage of the EUSS caseworking process, the applicant is already notified via email if their application has been placed on hold pending further investigation. They are given the opportunity to respond and, as outlined in our response to Recommendation 4, provide any additional information that may support the progression of their case.

The Eligibility EUSS Service Line Team will consider how we can further improve information for customers on the progress of applications at the Eligibility stage of the EUSS caseworking process. We will update the IMA as this work develops.

Home Office 11 June 2026

1. The UK-EU Withdrawal Agreement and the Citizens’ Rights Agreements with the other European Economic Area (EEA) states (Iceland, Liechtenstein and Norway) and with Switzerland. ↩

2. How many Indefinite Leave to Remain (Settlement and EUSS settled status) and Citizenship grants have been issued in the UK? - GOV.UK ↩

3. EU Settlement Scheme quarterly statistics, June 2023 - GOV.UK ↩

4. For example, at paragraphs 61, 100 and 112 of the report. ↩

5. At paragraph 479 of the report. ↩

6. Citizens’ Rights Specialised Committee meeting, 13 May 2026: joint statement - GOV.UK ↩