Committee publication · Correspondence · 9 June 2026
Correspondence with the Minister for the Cabinet Office relating to citizens' rights under the Withdrawal Agreement, dated 01 June and 20 May 2026
Summary
Minister Nick Thomas-Symonds responds to the Foreign Affairs Committee's questions about UK and EU citizens' rights under the Withdrawal Agreement. The government reports approximately 486,000 UK nationals still need to apply for permanent residence in the EU; acknowledges capacity issues in Member States like Spain; confirms disputes with the EU over certificate-of-application entry rights and NHS retrospective charging; and outlines the Home Office's April 2026 programme to curtail pre-settled status for those without continuous UK residence.
Key findings
- Approximately 486,000 UK nationals and family members (~50% of total) still require permanent residence status in the EU, five years post-transition.
- Administrative bottlenecks concentrated in decentralised Member States; Spain particularly affected by capacity shortages for residence document appointments.
- UK and EU dispute whether certificate-of-application holders have automatic entry rights; UK maintains they must still register under Entry-Exit System.
- Home Office began removing pre-settled status from individuals judged to have ceased continuous UK residence on 9 April 2026, with appeal rights.
- No decision on abolishing the Independent Monitoring Authority before the mandatory 31 December 2028 assessment.
Tone
FactualTopics
Key actors
Nick Thomas-Symonds, Emily Thornberry, European Commission, Independent Monitoring Authority, Home Office, British Embassies and High Commissions
Notable line
“… approximately 486,000 UK nationals and their family members who still need to apply for permanent residence status in the EU. That's around 50% of the total number”
Key Quotes
“Based on the latest statistics provided by Member States in the 2024 annual report to the Specialised Committee on Citizens' Rights, we believe there to be approximately 486,000 UK nationals and their family members who still need to apply for permanent residence status in the EU.”
“Problems for UK nationals in using these processes are concentrated in states with decentralised systems where residence applications are dealt 1 with at a local level.”
“In Spain, there have been reports of a lack of availability of appointments for residence documents and an inability to obtain them if temporary residence documents have not yet expired.”
“The UK maintains its view that a certificate of application to a residence scheme does not provide an automatic right of entry to the host State.”
“The Home Office announced on 9 April 2026 that it will start to remove PSS from individuals identified as having clearly ceased to maintain continuous residence in the UK …”
Source · parliament.uk record ↗