London Daily

Focus on the big picture.
Saturday, Sep 12, 2026

EU citizens who applied to stay in Britain facing threat of deportation

EU citizens who applied to stay in Britain facing threat of deportation

The Home Office appears to be in breach of the Brexit withdrawal agreement, says legal charity
European citizens who have applied for settled status are being detained and threatened with deportation, a development that contradicts assurances from ministers and appears to contravene the Brexit withdrawal agreement.

The Home Office has served EU nationals with removal directions even though they could prove they had applied for settled status, which should protect their rights to remain in the UK.

Ministers have repeatedly promised that anyone who had applied by the 30 June deadline would have their existing rights protected while their case was heard.

The apparent failure to honour that agreement has prompted accusations of either “administrative incompetence” by Home Office officials or a “wilful” attempt to deport as many EU nationals as possible on the assumption they are easier to remove, for instance, than asylum seekers.

A letter from the legal charity Bail for Immigration Detainees (Bid) to the head of immigration enforcement, dated 29 July, raises concerns over the Home Office’s failure to acknowledge receipt of settled status applications in cases where it wants to deport EU citizens.

Bid says that unless a meaningful response is received from the Home Office by the end of this week, it will make an official complaint to the European Commission.

Lawyers argue it marks an important battle to protect the rights of EU nationals following Brexit. They warn that the failure to acknowledge applications could potentially affect thousands of individuals.

On Friday an EU citizen whom the Home Office wanted to deport, and who had been detained in an immigration removal centre, secured their release on bail after a judge accepted that they could not be removed because they had made an EUSS application.

Even so, the Home Office still contested their release and offered no apology or explanation why it had earlier argued there was no evidence of the application at a previous hearing and therefore could deport them.

Speaking shortly after being released, the EU national, who requested anonymity, told the Observer: “They’re trying to play with mine and my family’s lives and it’s not fair. I’m supposed to have rights.”

Pierre Makhlouf, legal director of Bid, said: “It seems that the Home Office has pre-decided the fate of certain EU nationals, perhaps believing that they are easy to remove. But in its drive to deport more people, it is side-stepping legal requirements and procedures.

“Whether this is due to administrative or wilful neglect may be unclear, but by ignoring the legal steps that EU nationals have undertaken to assert their rights, the UK is in breach of the its duties under the withdrawal agreement.”

The issue appears to relate mostly to applications sent by post instead of forwarded digitally. Araniya Kogulathas, a barrister and legal manager of Bid’s EEA (European Economic Area) project, said paper applications were used by many vulnerable and marginalised people, including the elderly and those in detention or prison who found it difficult to access a computer or didn’t have access to a valid identity document.

The numbers affected could be significant. For instance, out of 1,500 inmates at Wandsworth prison, south London, almost 500 are believed to be EU nationals.

Kogulathas said: “Despite having made EUSS applications, EEA nationals are being deprived of their liberty and even served with removal directions, both of which they are forced to challenge despite limited access to legal advice and representation.

She added: “These challenges are particularly difficult for those detained under immigration powers in prisons, some of whom are locked in their cells for around 23 hours a day or more due to the pandemic.”

Aware of such difficulties ministers have promised an indefinite period where people who had not applied would be allowed to do so, if they had reasonable grounds.

Among the cases known to Bid are one where the Home Office failed to acknowledge an EUSS application submitted in mid-July, stating that there were “no barriers to his removal and removal directions are to be set soon”. Another case involved an EU citizen who, despite submitting an EUSS application online, still received removal directions from the Home Office.

A Home Office spokesperson rejected the claims as “completely baseless” and despite a number of cases featured in the article having been contested by the Home Office in immigration tribunals – the latest of which occurred on Friday – claimed “the Observer had failed to provide any proof whatsoever that detention or removal directions are being served to those with EUSS Settlement Scheme Status”.

They added: “Our approach means that should immigration enforcement encounter anyone without EUSS but who may be eligible, we will work with them to enable them to apply and signpost them to available support. If someone has applied to the EU Settlement Scheme by the 30 June deadline, but has not had a decision yet, their rights are protected until their application is decided.”
Newsletter

Related Articles

0:00
0:00
Close
UK Reviews Nationwide Emergency Alert Tests After Systems Meet Reliability Targets
UK Seeks Faster Rail Links Across Northern Industrial Corridors
British Business Bank Allocates £150 Million for High-Growth Companies in Northern England
BBC Warns Staff Strikes Are Possible Amid Pay Dispute and £500 Million Savings Drive
UK Backs Short Extension of UN Sudan Sanctions Regime
Prime Minister Andy Burnham Defends Early Prison Release Reforms and Growth Strategy
Reform UK Faces Scrutiny Over Alleged Effort to Circumvent Foreign Donation Rules
UK Analysts Warn Tax Rises or Spending Cuts May Be Needed to Preserve Fiscal Headroom
Jaguar Land Rover Plans Up to 4,000 Job Cuts in £1.7 Billion Cost-Saving Drive
UK Chancellor Warns of Difficult October Budget as Borrowing Costs Rise
UK Declares Israeli Occupation of West Bank Unlawful and Expands Sanctions
UK House of Commons Rejects Assisted Dying Bill for England and Wales
English Councils to Gain Power to Introduce Tourist Taxes by 2028
Kemi Badenoch Reshuffles Conservative Shadow Cabinet
Firefighters Make Progress Containing Major Wildfires in South Wales
John Lewis Partnership Reports £124 Million Loss
Study Says UK AI Data Centres Will Create Only a Quarter of Forecast Jobs
UK Government Considers Higher Industrial Water Prices Amid Supply Pressures
Andy Burnham Holds First Call With Donald Trump as UK Prime Minister
NHS Records Busiest Summer on Record as Heatwaves Drive Hospital Admissions
Home Secretary Orders Police Crackdown on Far-Right Anti-Migrant Vigilantes
UK Supreme Court Rules Northern Ireland Religious Education Curriculum Breaches Human Rights Standards
Markets Price in Four Bank of England Rate Rises by Next Summer
House of Commons Prepares Free Vote on Assisted Dying Bill
UK Government Bans Trade With Israeli Settlements in Occupied Territories
UK Economy Grows 0.4% in July as Artificial Intelligence Investment Supports Expansion
Andy Burnham Becomes UK Prime Minister After Keir Starmer Resigns
John Lewis Partnership Loss Widens to £124 Million
UK Government to Put White Working-Class Social Mobility at Centre of Equality Policy
McLaren Plans £450 Million Technology Investment Creating 1,000 UK Jobs
UK Chancellor Faces Calls for Wealth Taxes and Public Ownership in Autumn Budget
English Mayors to Gain Powers to Impose Uncapped Overnight Tourist Taxes
JPMorgan’s Jamie Dimon Warns UK Government Against Bank Windfall Taxes
UK Air Traffic Control Outage Cancels More Than 2,000 Flights
UK Imposes Trade Ban on Israeli Settlements in the West Bank
UK Borrowing Costs Surge as Middle East Tensions Push Long-Term Gilt Yields to Highest Since 1998
Buckingham Palace Says Prince Harry and Meghan Will Not Resume Official Royal Duties
UK Treasury Faces Calls to Scrap £100,000 Childcare Support Threshold
Trades Union Congress Urges Labour Government to Rewrite Migration Policy
Riot Police Deployed After Anti-Migrant Protests Turn Violent in Portsmouth
UK Considers Replacing Some Disability Cash Payments With Direct Services
JPMorgan’s Jamie Dimon Warns UK Chancellor Against Higher Banking Taxes
UK Announces New Sanctions Targeting Israeli Settlements in West Bank
Metropolitan Police Investigate Alleged Illegal Donations to Reform UK
UK Charges Wiltshire Man With Assisting Russian Intelligence
UK Orders Urgent Review After Air Traffic Failure Cancels More Than 2,000 Flights
Merz Rebukes AfD Expansion in Saxony-Anhalt
King Charles Confirms Prince Harry and Meghan Will Remain Private Citizens
Labour Selects Former Child Refugee for By-Election in Keir Starmer’s Former Seat
Foreign Private Equity Accelerates Takeovers of London-Listed Industrial Companies
×