Question to the Home Office:

To ask His Majesty's Government whether they intend to abolish the distinction between the “true cohort” and “extra cohort” of EU citizens who have been awarded settled status.

The UK implemented the Withdrawal Agreement more generously than required by not testing whether EU citizens resident in the UK by 31 December 2020 were exercising a qualifying Treaty right in accordance with Directive 2004/38/EC.

This simplified the application process for the EU Settlement Scheme by avoiding the need for applicants to meet complex evidential requirements. No one has any lesser rights by virtue of their EUSS status than they are entitled to under the Withdrawal Agreement.

The UK has always sought to treat the same those who do meet the stricter eligibility requirements under the Withdrawal Agreement, and those who do not. Where minimal differences in treatment have arisen for pre-settled status holders as a result of litigation, we seek to minimise these through casework.

However, the UK cannot unilaterally expand the scope of the Withdrawal Agreement to bring such people within its scope.