Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to the case of Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin), of 21 December 2022, what assessment she has made of the implications for her policies of that judgment; whether she plans to allow people with leave to remain to freely travel to the UK; and if she will make a statement.

The Government does not agree with the High Court judgment of 21 December in the judicial review proceedings brought by the Independent Monitoring Authority relating to the EU Settlement Scheme (EUSS) and intends to appeal. It would not be appropriate to comment further at this stage.

EUSS pre-settled status holders should continue to apply for settled status as soon as they are eligible.

EUSS documentary requirements for travel to the UK are unchanged. Visa nationals with EUSS status should use a valid Biometric Residence Card in conjunction with their passport. EEA and Swiss nationals with EUSS status can travel with a valid passport or national ID card, and other non-visa nationals with status can travel with their valid passport.