EUSS Certificate of Application: Rights, Travel Risks and Border Issues Explained

A Certificate of Application, often referred to as a CoA, is an important document issued by the Home Office when a person has made a valid application under the EU Settlement Scheme. For many applicants, it is the only document they have while waiting for a decision on their application, appeal or, in some older cases, administrative review.

However, the legal and practical effect of a Certificate of Application is often misunderstood. A CoA may help an applicant prove certain temporary rights in the UK, such as the right to work or rent, while their application is pending. It does not, however, mean that the applicant has already been granted leave under the EU Settlement Scheme. It is also not the same as a visa, entry clearance, family permit or visa exemption document.

This distinction has become increasingly important. Recent Home Office and Border Force guidance, together with reports from organisations assisting EU citizens, show that people with a Certificate of Application may still face difficulties when travelling, re-entering the UK, or proving the basis of their EU Settlement Scheme application at the border. The position can be particularly complex for late applicants, joining family members, applicants who applied while in the UK as visitors, and people whose EUSS status is being questioned because of absences, relationship breakdown, suitability concerns or alleged false documents.

At Angelov Solicitors, we assist individuals and families with complex EU Settlement Scheme matters, including pending applications, late applications, joining family member applications, Certificates of Application, border issues, refusals, appeals and cancellation or curtailment of pre-settled status.

What is an EUSS Certificate of Application?

An EUSS Certificate of Application is issued by the Home Office after a person submits a valid application under the EU Settlement Scheme.

The Home Office’s main EUSS caseworker guidance states that a Certificate of Application confirms that the applicant has submitted a valid application under the scheme. It also makes clear that a CoA does not confirm that the person has immigration status in the UK, but it does confirm the temporary protection of their rights in the UK while the application, and any valid administrative review or appeal, remains pending.

In practical terms, a CoA is a document showing that the Home Office has accepted the application as valid and that the applicant is awaiting a decision. It may allow the applicant to evidence certain rights, such as the right to work and the right to rent, while the Home Office considers the application. However, it is not a final outcome and should not be confused with a grant of pre-settled status or settled status.

The Home Office can still refuse the application if it considers that the applicant does not meet the relevant Appendix EU requirements, does not satisfy the family relationship requirements, or falls for refusal on suitability grounds.

What rights can a Certificate of Application help me prove?

A valid Certificate of Application may help an applicant prove temporary rights while their EUSS application is pending. These may include rights connected with:

• work;
• renting property;
• accessing certain benefits, where eligible, such as Personal Independence Payment; Disability Living Allowance; Attendance Allowance; and Carer’s Allowance
• accessing NHS treatment; and
• remaining in the UK while the application is being considered.

The precise position depends on the applicant’s circumstances, and whether the application, appeal or review is still pending.

Applicants and third parties should use the Home Office online checking system rather than relying only on a printed copy of a Certificate of Application. 

Can I travel outside the UK with an EUSS Certificate of Application?

This is one of the most difficult and misunderstood issues.

A Certificate of Application may confirm temporary protection of rights while an EUSS application is pending, but it should not be treated as a guarantee that the applicant can leave and re-enter the UK without difficulty.

The wording used in Certificates of Application has changed over time. Earlier examples of CoA wording stated that, subject to the usual checks at the border, the CoA allowed travel in and out of the UK pending a final decision, including during any appeal. Current wording became more restrictive and advised applicants not to travel in or out of the UK pending the outcome of the application, including any appeal.

This means that applicants may have different versions of a CoA with different wording, even though they are all dealing with pending EUSS applications. It also means that applicants should not assume that previous advice, older CoA wording, or another person’s experience will safely apply to them.

As a practical matter, travel may be particularly risky where:

• the applicant made a late EUSS application;
• the applicant has a pending appeal or administrative review;
• the applicant applied as a joining family member;
• the applicant applied while in the UK as a visitor;
• the applicant is a visa national;
• the applicant has had long absences from the UK;
• the applicant’s residence before or since 31 December 2020 may be questioned;
• the applicant’s family relationship evidence may be questioned;
• the applicant previously had an EUSS refusal; or
• there are concerns about suitability, deception, false documents or cancellation of status;
• the applicant’s passport, national identity card or digital UKVI account details are not up to date.

Anyone in this position should seek legal advice before travelling.

Can Border Force refuse entry if I have a Certificate of Application?

Yes, it is possible for an applicant with a Certificate of Application to face questioning, delay, refusal of entry, detention or removal at the UK border.

This is legally controversial because a CoA is intended to evidence temporary protection while an EUSS application is pending. However, Border Force may still scrutinise whether the applicant can show the factual basis of their claim, such as residence in the UK before 31 December 2020, continuing residence, permitted absences, or the relevant family relationship.

There have been reported cases of people with valid EUSS applications and Certificates of Application being denied entry, detained on arrival, or removed from the UK despite having pending applications, appeals or administrative reviews. This is why a person should not treat a CoA as a simple travel document. In practice, the safest approach is to assume that Border Force may ask for evidence and that the applicant may need to explain, with documents, why they qualify under the EU Settlement Scheme. 

What documents should I carry if I must travel with a Certificate of Application?

If travel is unavoidable, an applicant should consider carrying a carefully prepared evidence pack. The exact evidence will depend on the case, but it may include:

• a copy of the Certificate of Application;
• the passport or identity document used for travel is linked to the applicant’s UKVI account;
• evidence of residence in the UK before 31 December 2020, if relevant;
• evidence of continuing residence in the UK since 31 December 2020;
• evidence explaining absences from the UK, if relevant;
• evidence of a pending appeal or administrative review;
• a copy of the EUSS refusal decision, if relevant;
• evidence of the family relationship, if applying as a joining family member;
• evidence of the sponsor’s EUSS status, nationality and residence;
• previous EEA residence card, biometric residence card or EUSS family permit, if relevant;

However, carrying evidence does not remove all risk. Border Force may still take a different view, especially where the case involves a joining family member application, visitor entry, long absences, previous refusal, or alleged deception.

What if I applied to the EUSS as a joining family member?

A pending joining family member application is one of the higher-risk situations for travel.

A joining family member is someone applying to join a relevant EUSS sponsor in the UK. This may include a spouse, civil partner, durable partner, child, grandchild, dependent parent or another qualifying family member, depending on the category relied upon under Appendix EU.

The EUSS guidance confirms that joining family members are a distinct category under Appendix EU and that the relationship with the relevant sponsor generally needs to have existed by the end of the transition period at 11pm on 31 December 2020, subject to certain exceptions such as children and specified spouses or civil partners of Swiss citizens.

For travel purposes, a pending valid EUSS application as a joining family member, evidenced by a Certificate of Application, does not of itself provide a basis for entry and is not a visa or entry clearance document. This means that joining family members should be especially cautious about travel. Where possible, they should obtain advice before leaving the UK or attempting to enter the UK with only a CoA.

What if my EUSS application has been refused but I have appealed?

A person may continue to rely on temporary protection while an appeal is pending, depending on the circumstances. However, the practical risk of travel may increase after a refusal.

Where an EUSS application has been refused and the applicant has lodged an appeal, Border Force may look closely at the reason for refusal. For example, the refusal may have been based on insufficient evidence of residence, failure to show continuous residence, lack of family relationship evidence, or suitability concerns.

Before travelling, the applicant should consider whether they can evidence that the appeal was lodged in time, remains pending, and is supported by evidence addressing the reason for refusal. In complex cases, legal advice should be obtained before any travel is arranged.