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Home Office Tells EU Citizens Post-Brexit Residency Rights Were Granted 'In Error'

The UK Home Office has begun informing some EU citizens that their post-Brexit residency rights were granted "in error," raising concerns about compliance with the EU withdrawal agreement.

  • At least 100 people have been told their pre-settled status was granted in error.
  • The Home Office is reviewing cases of those needing to upgrade to settled status, including children and non-EEA citizens.
  • The Independent Monitoring Authority has raised concerns that the policy may be incompatible with the EU withdrawal agreement.

The UK Home Office has started to revoke post-Brexit residency rights for some EU citizens, stating that these rights were granted "in error." This action has prompted concerns regarding Britain's adherence to its withdrawal agreement with Europe.

At least 100 individuals have been informed by the Home Office that their residency rights were mistakenly issued. These individuals are nearing the end of their five-year "pre-settled status" and were preparing to apply for permanent "settled status."

One affected individual, a Brazilian-Portuguese woman working in the NHS and pursuing a PhD, reported her life has been significantly disrupted. She was granted pre-settled status, similar to 1.3 million others who had been in the UK for less than five years before Brexit, and had expected a smooth upgrade to settled status.

The Home Office is currently reviewing cases of those required to upgrade their status, including children, non-EEA citizens, and anyone who arrived after 31 December 2020. The campaign group the3million, through a freedom of information request, learned that 95 people were contacted in March alone regarding this issue.

The Independent Monitoring Authority (IMA), established to oversee the implementation of the EU citizens chapter of the EU-UK withdrawal agreement, has expressed concerns to the Home Office that this policy may be incompatible with the agreement.

Why this matters: This development raises questions about the security of residency for EU citizens who were granted pre-settled status and could impact Britain's compliance with the EU withdrawal agreement.

What this means for you: If you are an EU citizen who was granted pre-settled status, particularly if you are due to upgrade to settled status, your residency rights may be under review by the Home Office.

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