Home Office accepts the court's decision against its plan for EU citizens

Woman looks at her phone

The government will not appeal a High Court ruling that rules affecting more than 2 point 5 million EU citizens living in the UK are illegal.

Despite having previously said it would appeal the decision, the Home Office has confirmed it will not do so.

If they did not submit another application for settled or pre-settled status within five years, many EU citizens might have lost their right to residence.

A watchdog for the rights of EU citizens following Brexit filed the lawsuit.

The European Commission and the3million, a group that speaks for EU citizens in the UK, supported the watchdog Independent Monitoring Authority (IMA). The High Court decision, it claimed, had "averted a ticking time bomb.".

In December, Mr. Justice Lane came to the conclusion that the Home Office's European Union Settlement Scheme (EUSS), which was created to resolve immigration issues involving EU citizens, was based in part on a misinterpretation of the EU-UK withdrawal agreement.

The Home Office declared that the judgment had become law and that it was working "as swiftly as possible" to put it into practice in a clear-cut and straightforward manner.

Pre-settled status holders are urged to apply for settled status as soon as they are qualified so they can secure proof of their right to permanent residence in the UK, according to a spokesman. ".

Robert Jenrick, the minister of immigration, declared that the program had been "a huge success. We have assisted millions of people with ties to the UK in obtaining status so they can have the security they require. "  .

The Home Office has been operating a two-stage procedure for EU nationals who wanted to stay in the UK since 2018.

This EUSS was established as a result of the fact that many EU citizens had never required permission to be in the UK due to the EU's principle of free movement.

They received pre-settled status through the program, which is a limited right to live and work in the UK that expires after five years if they don't reapply for full settled status.

However, the IMA's attorneys claimed at a High Court hearing in London in November that the settlement plan was incompatible with the Brexit withdrawal agreement due to its impact on some EU citizens and their family members, as well as those from nations in the European Economic Area and the European Free Trade Association.

Millions of EU citizens residing in the UK, according to Robert Palmer KC, run the risk of losing their rights and being labeled "illegal overstayers" as a result, he warned the court.

He claimed that the 2.6 million individuals who received pre-settled status and were residing in the UK as of the end of the transition period in 2020 were affected. .

Unless they submitted another application within five years, those people would lose their ability to reside legally in the UK under Home Office regulations.

They would "be exposed to very serious consequences affecting their right to live, work, and access housing and social security support in the UK, and will be subject to detention and removal," according to Mr. Palmer.

If the Home Office's interpretation of the law is accurate, "a very large number of people face the most serious uncertainty," including the possibility of deportation, Mr. Justice Lane stated in his decision. .

He came to the conclusion that the Home Office had misapplied the law. .

The3million, a campaign organization that advocates for EU nationals living in the UK, applauded the government for deciding against filing an appeal, saying that EU citizens had "dealt with uncertainty long enough.".

It urged the home secretary to protect the residency rights of EU citizens while also taking a "pragmatic approach, to safeguard the rights of vulnerable people," such as children, elderly people in care, and domestic abuse victims.

Source link

You've successfully subscribed to NewsNow
Great! Next, complete checkout to get full access to all premium content.
Welcome back! You've successfully signed in.
Unable to sign you in. Please try again.
Success! Your account is fully activated, you now have access to all content.
Error! Stripe checkout failed.
Success! Your billing info is updated.
Billing info update failed.