the3million

📢 BREAKING: The High Court has ruled the Government’s implementation of the EU Settlement Scheme is unlawful.

In a significant judgment the court protects citizens’ rights and agrees with the Independent Monitoring Authority's challenge to the Scheme.

Dec 21, 2022 at 11:36amWeb
Show threadthe3millionDec 21, 2022
First, the court ruled people with pre-settled status cannot lose their residence rights under the Withdrawal Agreement just because they don’t make a second application to the EU Settlement Scheme before the expiry of their pre-settled status.
Show threadthe3millionDec 21, 2022
Second, people with pre-settled status should not be denied permanent residence rights under the Withdrawal Agreement once they have reached 5 years’ lawful residence just because they don’t make a second application for settled status.
Show threadthe3millionDec 21, 2022
We brought this issue to the attention of the IMA in our first report to the newly formed govt watchdog in Feb 2021. We raised concerns that the loss of all rights for not taking an administrative step (making a second application) was not compliant with the Withdrawal Agreement.
Show threadthe3millionDec 21, 2022
The judge agreed with the3million that the point of the EUSS is to create a clear distinction between those who are beneficiaries of the Withdrawal Agreement and those who are not.
Show threadthe3millionDec 21, 2022
Once a Withdrawal Agreement beneficiary, people cannot lose their rights just by forgetting to make a second UK immigration application - the Withdrawal Agreement does not allow it.
Show threadthe3millionDec 21, 2022

We are very grateful to ILPA's Strategic Legal Fund for funding this intervention, and to our lawyers Hannah Moxson and Bijan Hoshi at Public Law Project, and Galina Ward KC and Charles Bishop from Landmark Chambers.

You can read the full judgment here: https://the3million.org.uk/publication/2022122101

Show threadPaul de FerneyDec 21, 2022
@the3million Congratulations! Brilliant work.
Show threadBrian RobinsonDec 21, 2022

@the3million
EU citizens with pre-settled status have to reapply for settled status on reaching five years' continuous residence in the UK or risk losing their residence rights, meaning they could not work, receive healthcare and education and apply for housing and benefits.

The Independent Monitoring Authority (IMA), a body set up to oversee citizens' rights, took legal action against the Home Office in December as it argued the government is breaching the withdrawal agreement it made with the EU.

The government's Brexit scheme has been deemed unlawful, the High Court has ruled.

Show threadAxel AntoniDec 21, 2022
@the3million this is great and welcome news! Well done to all involved - a real breakthrough!