Under the EU Settlement Scheme, EU nationals with pre-settled status must reapply after five years or risk losing their right to reside, work, receive healthcare and education, and apply for housing and benefits.
High Court rules that the government’s Brexit plan requiring EU residents to reapply for the right to live and work in the UK is illegal.
All EU citizens who wished to remain in the United Kingdom after the Brexit transition period concluded on 31 December 2020 were required to apply for residency by June 2021, per the EU Settlement Scheme, which launched in March 2019.
Those who had continuously been in the United Kingdom for five years were granted settled status, while those who had been in the country for less time were granted pre-settled status.
EU residents with pre-settled status must reapply for established status after five years of continuous residence in the United Kingdom, or they risk losing their residence rights, which would prohibit them from working, receiving healthcare and education, and applying for housing and benefits.
In December, the Independent Monitoring Authority (IMA), a body established to supervise people’s rights, filed a lawsuit against the Home Office because the government is violating the departure deal it struck with the EU.
Wednesday, Lord Justice Lane concluded that the program is illegal.
The verdict will affect more than 2,4 million people with pre-settled status, according to the IMA.
The Home Office intends to appeal the ruling and stated that the status of EU nationals will stay unchanged in the interim.
No EU citizen is currently impacted, as the five-year residency requirement before reapplying for settled status will not expire until August 2023.
Those having settled status do not need to reapply, hence they are unaffected.
Lord Murray, minister of the Home Office, stated, “EU nationals are our friends and neighbors, and we take our responsibilities to protect their rights in the United Kingdom extremely seriously.
“The EU Settlement Scheme exceeds our responsibilities under the Withdrawal Agreement, guaranteeing EU citizens’ rights and providing them with a pathway to settlement in the United Kingdom.
We intend to challenge this decision, which we find disappointing.
Dr. Kathryn Chamberlain, chief executive officer of the IMA, stated, “I am glad that the judge has acknowledged the substantial impact this issue may have had on the lives and livelihoods of UK residents with pre-settled status.
“When we filed this petition for judicial review in December 2021, we intended to clarify for the more than 2.4 million citizens with pre-settled status.
This ruling that the current system is illegal provides this clarification. Now, we will consult with the Home Office regarding the following measures.”
