The Home Office has contacted at least 100 individuals, stating that their settled status under the EU settlement scheme was granted in error. This development has led to uncertainty for those affected, particularly concerning the residency rights of their family members.
One case involves a 33-year-old Italian engineer, who has resided in London since 2018. He was informed in April that his settled status was an error, despite officials stating he could remain in the UK. However, this decision means his wife, a Brazilian national, no longer has a right to remain in the country as a qualifying family member.
The Home Office has stated that those granted EU settlement scheme status in error are not withdrawal agreement beneficiaries. However, Professor Catherine Barnard of the University of Cambridge suggests this approach may contradict the withdrawal agreement, which prohibits imposing limitations on residence rights. The Independent Monitoring Authority has also expressed concern that these actions may be incompatible with the EU withdrawal agreement and has written to the Home Office regarding "discretionary decisions" by caseworkers.