The Home Office is facing legal action over a policy to strip EU citizens, who were in the UK before Brexit, of their residency rights. The department claims the status was granted "in error".
A Home Office minister revealed that 1,473 citizens with post-Brexit residency rights have been contacted and informed that the original decision to grant them residency was made in error.
The campaign group the3million, which is aware of at least 50 such cases, has put the Home Office on notice that it is seeking a judicial review of the policy. The group stated that in many cases, the Home Office is incorrect in claiming a mistake was made, leading to individuals fighting to retain their status.
Some individuals were told they were not entitled to pre-settled or settled status because they did not submit passports with their initial application. This includes individuals with dual Italian nationality by birth, who the Home Office claimed were not Italian at the time of their Brexit settled status applications.
The Home Office has stated that those granted pre-settled status in error are "not withdrawal agreement beneficiaries" but can provide evidence to the contrary. They also noted that a person granted PSS in error can make a further valid application to the EUSS, which, if refused, would provide a right of appeal.
The Home Office recently conceded it was wrong in one case taken to an administrative court, agreeing to withdraw its decision that the claimant’s pre-settled status had been "granted in error".