Ministers are set to initiate the process of revoking residency rights for EU citizens who have not been living in the UK on a “continuous” basis since Brexit. This action is permissible under the terms of the 2020 withdrawal agreement, yet the use of travel data to assess absences has sparked concerns, particularly in light of the HMRC incident that resulted in nearly 20,000 parents losing child benefits due to unreliable border data from the Home Office.
The Home Office clarified that this initiative targets individuals who were granted “pre-settled status” prior to Brexit, a designation applicable to those who had resided in the UK for less than five years. The initial focus will be on those believed to have departed the UK over five years ago, although there will be safeguards in place to consider the reasons behind extended absences.
According to the Home Office, this effort is intended to safeguard public services and to combat unlawful immigration resulting from system abuse. “In accordance with the withdrawal agreement, status will only be rescinded where it is deemed proportionate,” the department stated on its official website.
Recent data from the Home Office, released in 2024, indicates that 6.2 million individuals applied for residency status, with 2 million receiving pre-settled status and 1.7 million submitting applications after the June 30, 2021, deadline. The Migration Observatory at Oxford University has noted that estimating the number of individuals still residing in the UK from this group is challenging, but available census and other data suggest the figure may range between 3 million and 4 million.
Individuals with settled status are permitted to be outside the UK for up to five years without losing their residency rights under the 2020 withdrawal agreement, while those with pre-settled status can be absent for a maximum of six months in any given year.
The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA), which operates as a statutory body, has voiced concerns to the Home Office regarding the implementation of these removals. The IMA emphasized the uncertainty surrounding the decision-making processes of caseworkers in these cases.
The3million, an organization advocating for the rights of EU citizens in the UK, expressed apprehension that “unsafe” decisions may arise from reliance on travel data. In a letter to the Home Office, the group referenced a case where an individual seeking to upgrade from pre-settled to settled status faced inquiries based on “obvious inaccuracies” in their travel records.
“Travel data can include trips that were booked but not undertaken,” The3million noted, pointing out that the Home Office’s correspondence did not acknowledge these inaccuracies, even when they were readily apparent. Their data showed instances of two outbound trips without corresponding returns and multiple journeys on the same date to different locations.
Miranda Biddle, the IMA’s chief executive, acknowledged the anxiety and uncertainty this situation could create for those affected. “We have been engaging with the Home Office to obtain assurances regarding the protections being implemented and the integrity of the decision-making process,” she stated. “The IMA will continue to closely observe how these new guidelines are executed.”
The National Audit Office is currently examining HMRC’s use of Home Office data, despite known issues with the travel records. An investigation by the Guardian and The Detail discovered that Home Office data often failed to accurately reflect return trips made by travelers, including business professionals and holidaymakers.
Additionally, the records sometimes included airline manifests that failed to account for no-shows, a common occurrence with low-cost airlines that complicate the cancellation of bookings. The Home Office has been contacted for comments on this matter.
