The Home Office has published its response to the Independent Monitoring Authority's inquiry into delays in EU Settlement Scheme decisions, accepting three recommendations and rejecting four; it affects applicants waiting on a decision.
Key facts
- Who: People with a pending EU Settlement Scheme (EUSS) application, including those applying to move from pre-settled to settled status, and the employers and landlords who check their rights.
- From: 11 June 2026
- Source: Response to the IMA report into delays in issuing EUSS decisions
The Independent Monitoring Authority for the Citizens' Rights Agreements (IMA) published its inquiry report on 11 March 2026. The inquiry was launched in September 2023 and drew largely on evidence gathered in 2023 and 2024. The Home Office response followed on 11 June 2026.
The Home Office says the report does not show systemic delays in the current operation of the scheme and does not substantiate any breach of the Withdrawal Agreement. It accepts that decisions must be made within a reasonable timeframe, which depends on the complexity of the case, the volume of applications and any need for further evidence or checks.
Figures given in the response, as of 31 March 2026:
- 5.8 million people held EUSS status: 1.3 million pre-settled and 4.5 million settled.
- 99% (8.8 million) of 8.9 million applications received had been concluded.
- Internal management information, not quality assured to the standard of published statistics, showed 109,020 applications awaiting a decision. Of these, 68.8% had been pending for three months or less.
- About 103,820 automated grants of settled status had been made to eligible pre-settled status holders.
The Home Office says a decision generally takes up to a month where no further information or checks are needed, may take three months where more information or evidence is needed, and may take six months or more in some circumstances, such as a relevant criminal record.
Recommendations accepted: to consider changes to prevent misrouting, allocation delays and duplicated evidence requests (Recommendation 2); to consider escalation mechanisms and stronger bilateral agreements for overseas criminal conviction certificates (Recommendation 4); and to improve transparency and communication with applicants whose cases exceed published processing times (Recommendation 7).
Recommendations not accepted: extra data gathering on the impact of delay on different groups (1); monitoring of other agencies' response times (3); more robust communication with public authorities on children and vulnerable adults (5); and changes to engagement with advocacy groups (6). The Home Office says that, where it has not accepted a recommendation, this generally reflects that it agrees with the underlying aim but, with 99% of applications decided, there is not scope for proportionate further action.
The response also refers to the Upper Tribunal's June 2024 decision in Krzysztofik. The Upper Tribunal found that the previous practice of pausing an application pending the outcome of a criminal prosecution breached the Withdrawal Agreement, because the decision to pause did not take account of individual circumstances. The Home Office says it changed its approach: it now grants status where the person is eligible, and that status is invalidated if a deportation order is later made.
What this means for EUSS applicants, employers and landlords
According to the Home Office, an applicant's rights in the UK, including the right to work, are protected while an application and any appeal are pending. It says they can evidence those rights with a digital Certificate of Application or existing pre-settled status.
Where an overseas conviction certificate is needed, the Home Office says it tells the applicant the case will be on hold until it is received, and that they may obtain the certificate directly from their embassy or home country to help expedite the application. At the Suitability stage, applicants are notified by email if a case is placed on hold.
The Home Office says it has published guidance for employers and landlords on their responsibilities, including a code of practice on right to rent checks and a code of practice on preventing illegal working.
Sources
- Home Office, Response to the IMA report into delays in issuing EUSS decisions, published 11 June 2026