London Daily

Focus on the big picture.
Tuesday, Jun 02, 2026

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
Japanese Technology Firm Fujitsu Launches Advanced Artificial Intelligence Tool for Corporate Disclosures
South Africa Officially Launches Nationwide Campaign for Highly Contested Local Government Elections
United Kingdom Commits Additional Funding for Unexploded Ordnance Clearance in Laos
Singapore Announces Stringent New Greenhouse Gas Regulations for Commercial Cooling Systems
Cambodia and Thailand Hold High-Level Border Security Talks at United Nations Headquarters
Myanmar Military Government and China Sign Major Agreement to Upgrade Media and Cultural Cooperation
Knife Attack at Swiss Train Station Leaves Three Injured in Suspected Act of Domestic Terrorism
Transnational Extortion Gang Threatens Canadian Police With Army of One Thousand Armed Operatives
Australia Imposes Forty-Two-Day Quarantine on Cruise Ship Passengers Following Deadly Hantavirus Outbreak
International Monetary Fund Unlocks Seven Hundred Million United States Dollars for Sri Lanka Following Economic Reforms
Australia Launches Record One Point Four Billion Dollar Lawsuit Against Chemical Giant 3M Over Contamination
China and Canada Foreign Ministers Meet in Ottawa in Effort to Stabilize Strained Diplomatic Ties
Indonesia Demands Urgent United Nations Security Council Reform Amid Escalating Global Conflicts
Extreme Weather Patterns Trigger Severe Drought in Madagascar and Destructive Flooding in East Africa
Indian State of Karnataka Faces Political Upheaval as Chief Minister Siddaramaiah Abruptly Resigns
Philippines and Japan Reaffirm Defense Ties as Crucial for Indo-Pacific Regional Stability
Norway Joins French Nuclear Deterrence Initiative in Major Shift for European Security Architecture
Global Critical Mineral Alliances Expand as Western Nations Move to Counter Chinese Supply Dominance
United States Imposes Fifty Percent Tariffs on Mexican Steel and Aluminum Ahead of Trade Pact Review
European Union and China Head Toward Major Trade Conflict Over Clean Technology Exports
United States Economic Growth Severely Downgraded to One Point Six Percent as Stagflation Fears Mount
World Health Organization Warns Central African Ebola Epidemic is Outpacing Containment Efforts
United States Treasury Department Conditions Sanctions Relief on Reopening of the Strait of Hormuz
Iranian Air Defenses Intercept and Destroy United States Military Drone Over Bushehr Province
Iranian Armed Forces Launch Ballistic Missiles Toward Unspecified Targets Prompting Regional Condemnation
United Nations Secretary-General Warns Global Order Facing Highest Level of Conflict Since 1945
Israel Issues Sweeping Evacuation Orders in Southern Lebanon Amid Intensified Hezbollah Conflict
Russia Announces Systemic Military Strikes Targeting Ukrainian Defense and Energy Infrastructure
United States and Iranian Negotiators Reach Draft Agreement to Extend Ceasefire and Resume Nuclear Talks
United Nations Security Council Deeply Divided Over United States Capture of Venezuelan President
US and Iran Exchange Direct Military Strikes Amid Fragile Gulf Ceasefire
World Health Organization Warns of Catastrophic Ebola Outbreak in DR Congo
Russia Threatens New Wave of Strikes on Ukrainian Infrastructure and Embassies
Scientists Warn Atlantic Ocean Currents Could Collapse Faster Than Projected
Anthropic Reaches $900 Billion Valuation in Historic AI Funding Round
Washington Imposes Crippling Sanctions on Iranian Maritime Authority
Japan and the Philippines Initiate Strategic Intelligence-Sharing Pact
Microsoft Deploys Autonomous Computer-Using AI Agents to Global Markets
Anthropic Secures $45 Billion Compute Infrastructure Agreement With SpaceX
U.S. Director of National Intelligence Resigns Amid Administration Shakeup
Micron Technology Crosses Trillion-Dollar Valuation Amid Unprecedented Hardware Demand
Canada and Germany Finalize Historic Long-Term LNG Export Agreement
China Expands International Travel Restrictions on Domestic AI Researchers
Japan Approves Sweeping Overhaul of National Intelligence Apparatus
Global Airlines Scramble Logistics as Middle East Airspace Remains Fractured
Japan's Naphtha Imports Plunge 47 Percent Amid Strait of Hormuz Closure
Global Crude Prices Retreat Below $96 as Gulf Tensions Momentarily Ease
Generative AI Outperforms Human Baselines in Landmark Global Creativity Study
NASA Partners With Private Aerospace to Unveil Permanent Lunar Base Architecture
South Korean Equity Markets Surge on Next-Generation Memory Chip Frenzy
×