Pre-settled status was given as part of Brexit to EU citizens who wanted to stay in the UK but had not completed five years of residence.
Thanasis Gavos London
The obligation imposed by the UK on European citizens to reapply for residence has been ruled illegal
London’s high civil court ruled illegal the obligation imposed by the British government on European residents of the United Kingdom with pre-settled status to re-apply for residence after five years in the country.
Pre-settled status was given as part of Brexit to EU citizens who wanted to stay in the UK but had not completed five years of residence.
The government stipulates that when the five years are up, all these citizens, more than 2.4 million, will have to fill out a new application to get permanent resident status, the so-called settled status.
This measure had initially provoked reactions from organizations defending the rights of European residents in the United Kingdom.
The Independent Monitoring Authority (IMA) set up to ensure respect for citizens’ rights has lodged a complaint against the UK Home Office.
The organization complained that the obligation to reapply every five years violates the terms of the withdrawal agreement between London and Brussels. The agreement guarantees the right of European residents of the UK to live, work, healthcare and access to the welfare state.
It is this appeal that led to the High Court verdict. However, the Ministry of the Interior said it would appeal the decision. Until there is a final decision, the terms do not change.
The case does not affect those EU citizens who already have settled status, i.e. they had submitted a residence application having already lived in the UK for five years, as they do not need to submit an application to secure residence ever again.
The five-year period for the first recipients of pre-settled status is completed in August 2023.
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