London Daily

Focus on the big picture.
Monday, Jun 02, 2025

Home Office accepts court defeat on EU citizens scheme

Home Office accepts court defeat on EU citizens scheme

A High Court judgement that regulations affecting more than 2.5m EU citizens living in the UK are unlawful will not be challenged by the government.

The Home Office has confirmed it will not appeal against the ruling, despite previously indicating it would do so.

Many EU citizens could have faced losing their right to residence if they did not further apply for settled or pre-settled status within five years.

The case was brought by a watchdog for EU citizens' rights after Brexit.

The watchdog Independent Monitoring Authority (IMA) was supported by the European Commission and the3million, a group representing EU citizens in the UK. It said the High Court ruling had "averted a ticking time bomb".

In December, Mr Justice Lane concluded that part of the European Union Settlement Scheme (EUSS) set up by the Home Office to settle EU citizens' immigration status was based on an incorrect interpretation of the withdrawal agreement between the UK and the EU.

The Home Office said the judgement was now law and it was working to implement it "as swiftly as possible".

A spokesman said: "Those with pre-settled status are encouraged to apply for settled status as soon as they are eligible, so they can obtain secure evidence of their right of permanent residence in the UK."

Immigration Minister Robert Jenrick said the scheme had been "a huge success. We've supported millions of people with a connection to the UK to gain status so that they can have the reassurance that they need."

Since 2018, the Home Office has run a two-stage process for EU citizens who wanted to remain in the UK.

This EUSS was set up because the EU's freedom of movement principle had meant many people from within the bloc had never needed permission to be in the UK.

The scheme gave them pre-settled status - a limited right to live and work in the UK which expires if they don't re-apply for full settled status after five years.

But at a High Court hearing in London in November, lawyers for the IMA said the settlement scheme was incompatible with the Brexit withdrawal agreement, because of its effect on some EU citizens and their family members, as well as those from countries in the European Economic Area and the European Free Trade Association.


'Liable to removal'


Robert Palmer KC told the court millions of EU citizens living in the UK risked losing their rights and being treated as "illegal overstayers" as a result.

He said about 2.6 million people were affected - those living in the UK before the end of the transition period in 2020 who were granted pre-settled status.

Under the Home Office's rules, those people would lose their right to lawfully live in the UK unless they made a further application within five years.

Mr Palmer said they would be "exposed to considerable serious consequences affecting their right to live, work and access social security support and housing in the UK, and will be liable to detention and removal".

In his ruling, Mr Justice Lane said that, if the Home Office's interpretation of the law was correct, "a very large number of people face the most serious uncertainty", including possible deportation.

He concluded the Home Office had wrongly interpreted the law.

Campaign group The3million, which represents EU citizens in the UK, welcomed the government's decision not to pursue an appeal, saying EU citizens had been "dealing with uncertainty long enough".

It called on the home secretary to secure EU citizens' residency rights, while taking a "pragmatic approach, to safeguard the rights of vulnerable people", including children, elderly people in care, and victims of domestic abuse.

Newsletter

Related Articles

0:00
0:00
Close
Ukraine Executes Long-Range Drone Strikes on Russian Airbases
Conservative Karol Nawrocki wins Poland’s presidential election
Study Identifies Potential Radicalization Risk Among Over One Million Muslims in Germany
Good news: Annalena Baerbock Elected President of the UN General Assembly
Apple Appeals EU Law Over User Data Sharing Requirements
South Africa: "First Black Bank" Collapses after Being Looted by Owners
Poland will now withdraw from the EU migration pact after pro-Trump nationalist wins Election
"That's Disgusting, Don’t Say It Again": The Trump Joke That Made the President Boil
Trump Cancels NASA Nominee Over Democratic Donations
Paris Saint-Germain's Greatest Triumph Is Football’s Lowest Point
OnlyFans for Sale: From Lockdown Lifeline to Eight-Billion-Dollar Empire
Mayor’s Security Officer Implicated | Shocking New Details Emerge in NYC Kidnapping Case
Hegseth Warns of Potential Chinese Military Action Against Taiwan
OPEC+ Agrees to Increase Oil Output for Third Consecutive Month
Jamie Dimon Warns U.S. Bond Market Faces Pressure from Rising Debt
Turkey Detains Istanbul Officials Amid Anti-Corruption Crackdown
Taylor Swift Gains Ownership of Her First Six Albums
Bangkok Ranked World's Top City for Remote Work in 2025
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
U.S. Department of Energy Unveils 'Doudna' Supercomputer to Advance AI Research
U.S. SEC Dismisses Lawsuit Against Binance Amid Regulatory Shift
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
Italy Faces Population Decline Amid Youth Emigration
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Trump Accuses China of Violating Trade Agreement
Gerry Adams Wins Libel Case Against BBC
Russia Accuses Serbia of Supplying Arms to Ukraine
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
Chinese Woman Dies After Being Forced to Visit Bank Despite Critical Illness
President Trump Grants Full Pardons to Reality TV Stars Todd and Julie Chrisley
Texas Enacts App Store Accountability Act Mandating Age Verification
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Vatican Calls for Sustainable Tourism in 2025 Message
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
×