Government will no longer challenge a High Court finding that a plan allowing EU nationals to remain in the United Kingdom is unconstitutional.
The Home Office has withdrawn its legal challenge against the December 2018 ruling and will now seek a solution.
According to campaigners, the apparent conclusion of the court dispute averted a “ticking time bomb” and a threat to the legal stay rights of up to 2.6 million individuals in Britain.
The issue centered on EU residents awarded “pre-settled status” who resided in the United Kingdom before to the end of the Brexit transition period in December 2020.
This is a limited form of leave to remain in the United Kingdom, granted via the EU Settlement Scheme (EUSS) to those who have not lived in the country for five years.
Unless they reapply within five years, these individuals will lose their status to legally reside in the United Kingdom under current Home Office regulations.
The Government was challenged in the High Court last year on a policy that would classify these individuals as “illegal overstayers” if they did not submit a second application.
In December, a judge determined that the program was invalid because it was based on an inaccurate reading of the UK-EU exit agreement.
The Home Office had originally intended to fight the decision, but has now opted to accept it.
The judicial challenge was initiated by the Independent Monitoring Authority (IMA), the government-established agency tasked with protecting the rights of EU nationals in the United Kingdom after Brexit.
the3million, which advocates for EU citizens in the United Kingdom, applauded the Home Office’s decision not to pursue an appeal and urged Home Secretary Suella Braverman to take immediate action.
They stated, “The ruling defused a ticking time bomb.” EU residents negotiating the hurdles of obtaining permanent residency have dealt with uncertainty for too long.
“It is now imperative that the Secretary of State develops immediate plans to secure the residency rights of EU citizens, and we stand ready and willing to collaborate with them to this end.
“It is time for the Home Office to make amends and listen to groups representing EU citizens who have been sounding the alarm.
“We encourage the government to take a pragmatic approach in order to protect the rights of vulnerable individuals who are unable or unlikely to submit a second application, such as children and the elderly in foster care and victims of domestic violence.”
Dr. Kathryn Chamberlain, chief executive officer of the IMA, stated, “We are pleased that the Home Office has decided not to pursue the appeal, which we hope will provide clarity for over two million citizens prior to the expiration of their pre-settled status.”
We’ve already began speaking with the Home Office how the IMA will be involved in the Home Office’s efforts to make the necessary modifications to the EUSS.
A representative for the Home Office stated, “After careful consideration, we have informed the court that we will not be appealing the recent ruling regarding the EU Settlement Scheme.”
“We are working to implement the ruling as quickly as feasible and will offer an update as soon as practicable.
‘People with pre-settled status are encouraged to apply for settled status as soon as they are eligible, in order to receive secure proof of their entitlement to permanent residence in the United Kingdom.’
After Brexit, EU citizens who had been living in the United Kingdom for more than five years were granted full settled status via the EU Settlement Scheme (EUSS).
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