Home Office UK accepts court ruling on EU citizen scheme

In December 2022, the High Court of England ruled that the rules affecting more than 2.5 million EU citizens living in the UK were illegal, and no pre-settlement people would be deported from the UK. This decision will not be challenged by the government.

The Home Office has confirmed it will not appeal the decision, despite previously indicating it would go to the Supreme Court against High Court judge Mr Lane. and will file an appeal.

But Mr Robert Palmer QC of the Independent Monitoring Authority, now under the Home Office’s influence, which monitors the rights of pre-settlement recipients, told the court that millions of EU nationals living in the UK were They are at risk of losing their rights and consequently being treated as “illegal residents”.

Around 2.6 million people are affected, he said, those who have been living in the UK before the end of the transition period in 2020 and who were granted pre-settled status. Under Home Office rules, they will lose their right to live in the UK legally if they do not apply for permanent residence within five years.

Mr Palmer added that they would face “quite serious consequences affecting their right to live, work and access social security support and housing in the UK and be liable for detention and removal”.

Many citizens of EU pre-settlement status could have faced losing their right of residence if they did not apply for asylum status after five years.

In December 2022, Mr Justice Lane concluded that part of EUSH, the EU Settlement Scheme set up by the Home Office to determine the immigration status of EU citizens, was withdrawn between the UK and the EU. was based on a misinterpretation of the agreement.

The Home Office said Mr Justice Lane’s ruling in favor of millions of EU citizens had now become law and it was working to implement it “as soon as possible”.

A Home Office spokesman said: “People who already have settled status are encouraged to apply for settled status as soon as they are eligible, so that they can secure evidence of their right to permanent residence in the UK. .

Immigration Minister Robert Jenrick said the scheme was a huge success. We have supported millions of people from European countries in the UK to obtain status to ensure they are permanent residents.

A limited right to live and work in the UK for pre-settlement recipients from European countries which is valid for five years and if this period expires it will be necessary to reapply for full settled status otherwise the application Those who refuse will be considered illegal residents and may be deported at any time.

Mr Palmer of the Independent Monitoring Authority said they would face very serious consequences affecting their right to live, work and access social security support and housing and would be subject to detention and deportation. . But in response, UK High Court judge Mr Justice Lane said that if the Home Office’s interpretation of the law was correct, “a very large number of people are facing very serious uncertainty”. Including possible deportation. He said that the Home Office has misinterpreted the law.

He asked the Home Secretary to protect the residency rights of EU citizens. Justice Lane will uphold the decision and will not appeal the decision to the Supreme Court and protect the rights of pre-settled people from the EU.

The decision by the UK Home Office has been warmly welcomed and millions of pre-settlers from European countries have breathed a sigh of relief and rejoiced at the removal of the sword of deportation hanging over them every day. Is.