The threat of losing their residency rights hanging over EU workers in the UK has been lifted

In a major UK government u-turn the threat of losing their residency rights hanging over EU working in the UK has been lifted. Does this affect you, a colleague or friend?

If they have been worried, you can now tell them the threat has been lifted.  The government had previously indicated it would appeal against a ruling that regulations affecting more then 2.5 million EU citizens working in the UK.  Many of these could have faced losing their right to residence if they did not further apply for settled or pre-settled status within five years.

The case was brought by a watchdog for EU citizens’ rights after Brexit.  But at a High Court hearing in London in November, it was said the settlement scheme was incompatible with the Brexit withdrawal agreement because of its effect on some EU citizens and their family members, as well as those from countries in the European Economic Area and the European Free Trade Association.

In December, Mr Justice Lane ruled that part of the European Union Settlement Scheme (EUSS) set up by the Home Office to settle EU citizens’ immigration status was based on an incorrect interpretation of the withdrawal agreement between the UK and the EU.

The scheme gave EU citizens working in the UK pre-settled status – a limited right to live and work in the UK which expired if they did not re-apply for full settled status after five years.

In his ruling, Mr Justice Lane said that if the Home Office’s interpretation of the law was correct, “a very large number of people face the most serious uncertainty”, including possible deportation.  He concluded the Home Office had wrongly interpreted the law.  The Home Office said the judgement was now law and it was working to implement it “as swiftly as possible”.

A spokesman said: “Those with pre-settled status are encouraged to apply for settled status as soon as they are eligible, so they can obtain secure evidence of their right of permanent residence in the UK.”

The Graham Agency, working with you.