London Daily

Focus on the big picture.
Friday, Jul 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
Luxury bags take over the World Cup: style, status symbol, or just showing off?
National Productivity Institute Highlights Weak Business Investment Outside Southern England
UK High Court Orders Reassessment of Environmental Impact in Major Highway Project
UK Cyber Security Centre Warns of Rising Threat From State-Sponsored Digital Espionage
UK Education Secretary Launches National Reform of Apprenticeships and Vocational Training
Financial Conduct Authority Tightens Climate Risk Disclosure Requirements for Listed Firms
Rail Union Suspends Planned Strike Action to Enter Formal Negotiations With Operators
Northern Ireland Businesses Seek Clarity Over Post-Brexit Trade Rules
Welsh Government Launches Regional Growth Plan Targeting Transport and Digital Infrastructure
North Sea Wind Sector Attracts £5 Billion Investment Amid Expansion of Offshore Capacity
Scotland and UK Governments Establish New Framework for Coordinated Investment in Energy and Infrastructure
UK Government Launches Major Immigration and Border Policy Overhaul Review
Bank of England Signals Interest Rates to Remain Elevated Despite Easing Inflation Pressures
National Health Service Warns of Severe Winter Capacity Strain Across Hospital Trusts
Chancellor Orders Urgent Treasury Review Amid Concerns Over Structural Public Finance Gap
Prime Minister Unveils Sweeping Legislative Programme Focused on Housing, Health Service Reform and State Energy Plan
UK Parliamentary Committee Launches Inquiry Into Falling Primary School Rolls and Public Service Impact
UK House of Lords Debates Electoral Commission Powers and Political Finance Reform
UK Parliament Considers Expanding Carbon Rules to International Aviation and Shipping Emissions
UK Traffic Commissioner Revokes Hampshire Haulage Operator Licence Over Regulatory Failures
UK Parliament Examines Risks in Public Contracts Awarded to Technology Firm Palantir
UK Competition Watchdog Moves Toward More Flexible Merger Rules to Support Efficiency and Growth
UK Government Seeks Approval for £1.15 Trillion Public Spending Plan Amid Scrutiny Over Department Budgets
UK Parliament Debates Sweeping National Security and Steel Industry Nationalisation Bills
UK Government Issues Formal Apology for Historic Forced Adoption Practices and Announces £4 Million Support Scheme
UK DEFENCE AND TECHNOLOGY STRATEGY TILTS TOWARD SOVEREIGN CAPABILITY AND INDUSTRIAL INVESTMENT
UK ECONOMIC POLICY OUTLOOK SHAPED BY LEADERSHIP TRANSITION AND FISCAL SIGNALS
STERLING STRENGTHENS AMID SHIFTING MONETARY OUTLOOK AND GLOBAL LABOUR MARKET SIGNALS
UK HPV VACCINATION PROGRAM NEARLY ELIMINATES CERVICAL CANCER DEATH RISK IN YOUNG WOMEN
UK EXPANDS PRISON SAFETY REVIEW AS GOVERNMENT SEEKS WIDER SYSTEM REFORM
UK DRIVES DIGITAL ASSETS STRATEGY WITH NEW STABLECOIN REGULATORY MODEL
UK TO EXPAND AI INFRASTRUCTURE THROUGH NEW EUROPEAN TECHNOLOGY PARTNERSHIP
UK LAUNCHES £15 BILLION DEFENCE TECH SHIFT TOWARD ADVANCED MILITARY SYSTEMS
CIVIL SERVICE FACES SHIFT IN POWER STRUCTURE AS REGIONAL GOVERNANCE PLANS EXPAND
WHITEHALL CONSIDERS MAJOR DECENTRALISATION PLAN WITH SECOND GOVERNMENT HUB IN MANCHESTER
UK TARGETS SERVICES EXPORT GROWTH IN TRADE TALKS WITH CHINA AMID GEOPOLITICAL TENSIONS
POLICE WATCHDOG PROBES OFFICERS OVER HANDCUFFING OF DYING TEENAGER IN HAMPSHIRE CASE
UK REGULATORS UNVEIL DUAL OVERSIGHT FRAMEWORK FOR STABLECOINS AND DIGITAL ASSETS
KEIR STARMER ANNOUNCES £15 BILLION DEFENCE TECHNOLOGY BOOST IN FINAL MAJOR POLICY MOVE
ANDY BURNHAM SIGNALS STRICT FISCAL RULES AS LABOUR LEADERSHIP RACE SHAPES MARKET OUTLOOK
POUND STERLING HITS ONE-YEAR HIGH AS BANK OF ENGLAND SIGNALS NO IMMINENT RATE CUTS
UK Government Confirms Rejected Asylum Seekers to Remain Amid Enforcement Challenges
UK-China Economic Talks Focus on Services Trade and High-Value Sectors
Buckingham Palace Revamp Plans Unveiled to Modernise Royal and Public Facilities
Two Dead After Light Aircraft Crash in Essex Field, Investigation Underway
Princess Diana Marked at 65 With UK Tributes Reflecting on Her Public Legacy
England Teachers Face New Pay Cap Rules for Academy School Leaders Under Education Reform
Dublin Security Alert Escalates After Stabbing and Reports of Transport Disruption
UK Government Faces Scrutiny Over £10,000 Asylum Living Cost Contribution Requirement
England Prepares World Cup Knockout Match Against Democratic Republic of Congo
×