Key facts
- An Italian engineer, who has lived in London since 2018, had his settled status under the EU settlement scheme revoked by the Home Office.
- The Home Office cited insufficient evidence of his Italian citizenship prior to the Brexit cut-off date of December 31, 2020.
- This decision means his wife, who has been in the UK with him, no longer has the right to remain.
- The Home Office has contacted at least 100 individuals regarding similar errors in their settled status applications.
- Legal experts suggest the Home Office's actions may be incompatible with the EU-UK withdrawal agreement.
A 33-year-old Italian engineer, who has resided in London since 2018 and built a career in energy and climate change, is embroiled in a dispute with the Home Office. Officials informed him that his settled status, granted under the EU settlement scheme, was a mistake due to insufficient proof of his Italian citizenship before the Brexit cut-off date of December 31, 2020. This error means his wife, who has been in the UK with him since his arrival, now lacks the right to remain in the country.
The engineer expressed devastation, stating that he and his wife had followed all rules and were planning to start a family and buy a home. He noted that this situation has halted all their future plans.
He is one of at least 100 individuals who have been contacted by the Home Office regarding similar errors in their settled status applications. The review appears to have been triggered by his wife's application for status, which led officials to re-examine his evidence of Italian nationality.
Professor Catherine Barnard of Cambridge University described the case as astonishing, suggesting it creates a two-tier system and may contradict the EU-UK withdrawal agreement, which prohibits host states from imposing limitations on residence rights. Monique Hawkins from the3million echoed these concerns, highlighting the potential impact on entire families and the lack of proportionality assessments.
The Independent Monitoring Authority has also voiced worries that the Home Office's actions might be incompatible with the withdrawal agreement and has contacted the department to address these discretionary decisions. Mala Savjani, a solicitor representing the engineer, questioned the government's focus on dual-nationality EU nationals and the basis for the Home Office's assertions about complex nationality laws.
The Home Office stated it does not comment on individual cases but maintained that the situation does not breach the withdrawal agreement, as those granted status in error are not considered beneficiaries under its terms unless they can prove their eligibility.