EU Settlement Scheme High Court judgment will not be challenged by the Home Office

Last year, the Independent Monitoring Authority (set up by the UK government to safeguard EU/EEA/Swiss citizens’ rights in the UK post-Brexit) challenged the Home Office in the High Court over the EU Settlement Scheme’s requirement that those with pre-settled status have to apply for settled status before their current immigration permission expires.

Not doing so would have the effect of turning many EU/EEA/Swiss nationals (and their dependants) into illegal overstayers.

The judges concluded that the scheme was based on an incorrect interpretation of the Withdrawal Agreement between the UK and EU and deemed it unlawful. The dispute centred on those who were living in the UK before the end of the Brexit transition period (31 December 2020) and were granted pre-settled status. Under current rules, those holding this status will lose their right to lawfully live in the UK unless they make a further application for settled status within five years. If they do not, they will lose their right to live, work, or study in the UK. 

The Home Office had initially planned to appeal the ruling, but has now decided to accept the judgment. The Home Office said it was working to implement the ruling ‘as swiftly as possible’. However, the official advice remains that those who qualify for settled status should apply via the EU Settlement Scheme as soon as possible to ensure they can evidence their right to permanent residence in the UK.

It remains to be seen how the UK authorities will implement the judgment in practice, and whether this will have a significant impact on the administration of the EU Settlement Scheme as it currently stands.

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