Key facts
- The UK Home Office has informed at least 100 EU citizens that their post-Brexit residency rights were granted in error.
- These individuals had previously received 'pre-settled status' under the EU settlement scheme.
- The Home Office is reviewing cases of those required to apply for 'settled status', including non-EEA citizens and those arriving after December 31, 2020.
- A specific case involves a Brazilian-Portuguese woman whose status was questioned due to her passport at the time of application.
- The Independent Monitoring Authority has expressed concerns to the Home Office regarding potential breaches of the EU withdrawal agreement.
The UK Home Office has begun to revoke post-Brexit residency rights for some EU citizens, stating that their 'pre-settled status' was granted in error. At least 100 individuals have reportedly received letters informing them of this decision, causing significant distress and uncertainty about their future in the UK. These individuals, who had fewer than five years of residency before Brexit, were expecting to transition to permanent 'settled status'.
One affected individual, a Portuguese woman working for the NHS, described her life being turned upside down, fearing job loss, inability to rent property, and disruption to her bank accounts. She was informed her status was a mistake because she did not provide sufficient evidence of being a 'relevant EEA citizen' by the December 31, 2020, deadline, despite her Portuguese heritage.
The advocacy group 'the3million' fears that hundreds of thousands more could be affected, highlighting the good faith in which people applied and built their lives in the UK. The Independent Monitoring Authority (IMA), tasked with overseeing the EU withdrawal agreement, has raised concerns with the Home Office, suggesting the policy may not be compatible with the agreement's provisions. The Home Office maintains it has a longstanding policy regarding individual cases and stated that individuals whose status was granted in error can apply under other available immigration routes, with a right to appeal if refused.