EU citizens waiting for the government to decide their pre-Brexit residency status have been wrongly refused entry to the UK, forcing them to give up their lives here.
The Independent Monitoring Authority for Citizens’ Rights Agreements (IMA) has expressed “serious concerns” after individuals who left to go on holiday or visit family were barred from entering Britain on their return.
Among those affected was a 34-year-old Spanish woman who was removed from the UK despite showing Home Office documents which proved her right to live and work in the UK. She had flown to Spain to see her sister and her new baby at Christmas, The Guardian reported.
Another EU citizen, Greek Cypriot Costa Koushiappis, was forcibly removed after taking a short trip to Amsterdam in November, the paper said.
The IMA has now written to the Home Office, warning that those waiting for a decision on their residency should not be removed if they make short trips overseas, including for business or leisure.
It is advised that those who hold a valid “certificate of application” (CoA) from the Home Office show it to Border Force officials at airports or ports to prove they are allowed to travel.
Miranda Biddle, chief executive of the IMA, said: “Our position is that a citizen with a valid certificate of application has a right to exit and enter the UK while waiting for a decision on their EU settlement scheme application, subject to providing additional documentation required at the border.”
She said she was “keen to continue to work with the government” to “ensure citizens are not discouraged from exercising their rights”.
The group has called on the Home Office to clarify the CoA rules before a new system requiring visitors to the UK to have “electronic travel authorisations” (ETAs) is enforced.
Campaign group the3million said it was “very disappointed” that the IMA had agreed with Border Force’s approach of asking EU citizens to carry documents to prove their residence before Brexit took effect on 31 December 2020.
A CoA was sufficient proof of rights until such time as a final decision is taken, the group said.
A Home Office spokesperson said: “All individuals with a certificate of application are made aware that they may be asked for evidence to show that they qualify under the scheme before they are allowed entry to the UK. Equivalent guidance has been issued to Border Force officers and published online.”
