London Daily

Focus on the big picture.
Friday, Apr 03, 2026

UK’s residence scheme for EU nationals ruled ‘unlawful’

UK’s residence scheme for EU nationals ruled ‘unlawful’

High Court judges Britain’s requirement that some EU citizens in the UK make two applications to stay after Brexit is unlawful.
The U.K.’s Home Office is acting unlawfully by removing residence rights from EU nationals if they fail to apply twice for the right to stay in the U.K. after Brexit, a senior judge ruled.

The High Court of England and Wales ruled Wednesday that an EU citizen who lived in Britain before Brexit can lose their right of residence only in very specific circumstances, which are clearly defined in the EU-U.K. Withdrawal Agreement. These should not include failure to upgrade from so-called “pre-settled” to “settled status.”

Under the U.K.’s current system, citizens from the bloc who settled in Britain before Brexit for less than five years can apply for “pre-settled status,” allowing them to preserve their right to live, work and access U.K. public services such as education.

The government then requires these people to make a second application within five years of being granted this “pre-settled status,” either for full, so-called “settled status” or for a further period of pre-settled status. If they fail to apply for either, the Home Office will consider them to be unlawfully present in the U.K. and no longer entitled to exercise their residence rights such as access to healthcare or the right to work.

A year ago, the Independent Monitoring Authority (IMA), Britain’s watchdog for the rights of EU citizens in the U.K. and Britons in the EU, launched judicial review proceedings against the Home Office’s policy, arguing it failed to uphold the rights of EU nationals who lived in Britain for less than five years before Brexit.

Lord Justice Lane found that the Home Office was acting unlawfully by imposing a requirement to upgrade residence status, and said that those granted pre-settled status are entitled to reside permanently in the U.K. once they have lived in the country for the required five-year period.

This policy has been a source of bad blood between the U.K. government and the European Commission, which last February accused the U.K. of splitting EU citizens into two cohorts and being less generous with them than the Brexit divorce deal requires.

Over 2 million nationals from EU and European Economic Area countries have been granted pre-settled status. Unless the policy is changed, they will be at risk of losing their rights from August 2023, when the first pre-settled statuses are set to expire.

But if the ruling is confirmed, the government could be forced to change to its EU Settlement Scheme in order to prevent that scenario.

Home Office Minister Simon Murray said the department was “disappointed by this judgment,” and intends to appeal.

“EU citizens are our friends and neighbors, and we take our obligations to securing their rights in the U.K. very seriously. The EU Settlement Scheme goes above and beyond our obligations under the Withdrawal Agreement, protecting EU citizens’ rights and giving them a route to settlement in the U.K.,” he said.

Monique Hawkins, policy and research officer at the3million group, which campaigns for the rights of EU nationals in the U.K., welcomed the judgment.

She said the ruling “stands to protect vulnerable citizens who are granted pre-settled status under the EU Settlement Scheme, and who could lose their right to work, rent, travel, benefits, healthcare and more — just for not making a further application in the years ahead.”
Newsletter

Related Articles

0:00
0:00
Close
Trump’s Strategic Pressure on UK Seen as Push for Stronger Alignment and Fairer Terms
UK Focuses on Trade Finance to Secure Critical Materials for Defence and Energy Sectors
Majority of UK Businesses Hit by Middle East Conflict While Confidence Holds Firm
UK Royal Navy Faces Renewed Scrutiny as Debate Intensifies Over Capability and Readiness
Reform UK Faces Mounting Distractions as Policy Agenda Struggles to Gain Traction
Investigation Launched Into Northern Cyprus IVF Clinics After UK Families Receive Incorrect Sperm
International Meeting Issues Unified Call to Safeguard Navigation Through Strait of Hormuz
Potential Strait of Hormuz Closure Raises Concerns Over UK Food and Medicine Supply Chains
UK Leads Coalition of Over Forty Nations Urging Iran to Reopen Strait of Hormuz
UK Secures Tariff-Free Access for Medicines in Landmark US Pharma Trade Agreement
King Charles III Invited to Address Joint Session of U.S. Congress in Rare Diplomatic Honor
Debate Grows Over Whether Expanded North Sea Drilling Can Reduce UK Energy Bills
UK Faces Heightened Risk of Jet Fuel Shortages, Airline Chief Warns
UK Ends Police Investigations into Lawful Social Media Posts After Review Finds Overreach
Abramovich Moves to Establish Charity for Frozen Chelsea Sale Proceeds Amid UK Dispute
Starmer Reaffirms NATO Commitment While Responding to Trump’s Strategic Critique
UK Aid Reductions Raise Fears of Severe Human Impact Across Parts of Africa
UK Signals Renewed Push for EU Cooperation as Iran Conflict Reshapes Security Landscape
Bank of England Signals Caution as Bailey Advises Markets Against Expecting Rate Hikes
UK to Convene Global Coalition to Restore Shipping Through Strait of Hormuz
Trump Signals Possible NATO Reassessment, Emphasizes Stronger U.S. Strategic Autonomy
Australia Joins British-Led Efforts to Reopen Strait of Hormuz Amid Escalating Tensions
King Charles Plans US State Visit as UK Strengthens Ties with Trump Leadership
UK Regulator Launches Investigation Into Microsoft’s Business Software Practices
Kanye West Set for High-Profile Return to UK Stage at Wireless Festival
Trump Presses Europe to Strengthen Commitment as Iran Conflict Escalates
UK to Deploy Additional Troops to Middle East Amid Rising Regional Tensions
UK Authorities Face Claims of Heavy-Handed Measures in Monitoring Released Pro-Palestine Activists
Trump Calls on UK to Secure Its Own Energy as Iran Conflict Intensifies
Nigel Farage Declines Invitation to UK Conservative Conference Led by Liz Truss
Trump Warns Allies to Take Responsibility as Rift Deepens with UK and France Over Iran Conflict
How Britain’s Prime Minister Controls U.S. Bomber Access in Escalating Iran Conflict
Trump Urges Allies to Secure Their Own Oil Supplies as Hormuz Crisis Disrupts Global Energy
Russia Expels British Diplomat as UK Pushes Back Against Pressure
White House App Faces Scrutiny After Claims of Continuous User Location Tracking
BBC Faces Scrutiny Over Allegations of Paid Content Linked to Saudi Arabia
UK-France Coastal Patrol Agreement Nears Breakdown Amid Migration Pressures
UK Police Detain Pro-Palestine Activist Again Weeks After Bail Release
FTSE 100 Advances as Energy and Mining Shares Gain Amid Middle East Tensions
Eli Lilly Seeks UK Pricing Deal to Unlock Renewed Pharmaceutical Investment
Three Arrested in UK After Massive Cocaine Haul Discovered Hidden in Banana Shipment
UK Fuel Prices Poised for Further Surge Amid Global Energy Pressures
Apple Subsidiary Penalized by UK Authorities for Breach of Moscow Sanctions
Western Allies Intensify Coordinated Sanctions Strategy Against Russia
UK Lawmakers Face Criticism Over Renewed Push for Social Media Restrictions
Starmer Signals UK Crackdown on Addictive Social Media Features
Rising Costs Push One in Five UK Hospitality Businesses to the Brink of Closure
Man Arrested on Suspicion of Attempted Murder After Car Strikes Pedestrians in UK, Injuring Seven
Escalating Conflict Involving Iran Tightens Fiscal Pressures and Highlights UK Economic Vulnerabilities
UK Moves to Confront Russian ‘Shadow Fleet’ Operating in Its Waters
×