A statutory body set up to monitor the rights of EU citizens after Brexit has received permission for a judicial review of Home Office rules affecting up to 2.5 million European citizens living in the UK.
The Independent Supervisory Authority (IMA) asked the high court to challenge a Home Office decision to remove the rights of people living in the UK for less than five years before Brexit if not apply for permanent residency status in time.
The rules mean they would be classified as undocumented migrants and would lose their rights to reside, work, rent property or access services, including the NHS. In the worst case, they could be deported.
The IMA argued that the rules were a breach of the withdrawal agreement (WA) between the UK and the EU, which guaranteed the rights of EU citizens who were in the country before Brexit.
Allowing for judicial review, Judge Saini said that “the case of the IMA is clearly debatable.”
He added: “There is also a real problem with the possible application of EU law in the interpretation of the WA.”
He said it was of major public interest given the large number with so-called “pre-established status” who are required to apply for permanent “pre-established status” to the Home Office before their pre-established status expires. at the end of five years in the country.
The judge said: “The resolution of these issues is a matter of public interest given the potential large number of people with pre-established status (2.4 million people). The claim must be resolved long before any d ‘these people are exposed to the potential risks of not applying for liquidated status. I understand that this date is the beginning of 2023.’
The date refers to the five years since the pilot launch of the established status plan, December 2018.
According to the rules of the Ministry of the Interior, any of the 2.5 million people who have been granted pre-established status who do not apply for the established status will lose all their rights to the education, health, benefits and employment and access to the NHS.
“We welcome the court’s decision to allow our case to be heard. This is an important milestone, as we hope to provide clarity and certainty to the millions of citizens with a pre-established status,” the IMA said in a statement.
“In the meantime, we continue to encourage citizens who have difficulty exercising their rights to let us know through our online portal.”
Activists, including the 3million group, fear that many vulnerable people with a pre-established status will fail the Interior Ministry test and could be deported.
It includes foster children, the elderly, the homeless, people who are hospitalized or suffering from domestic abuse or people who live a chaotic life and do not manage their procedures well.
Many others need the help of charity workers to deal with the Home Office system and may not understand that they have to reapply once they have been in the country.
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“By taking legal action now, we hope to give clarity to those citizens with a pre-established state of whom there are 2.485 million as of November 30, 2021,” Kathryn Chamberlain, IMA’s executive director, said when the authority presented the your request. for a judicial review.
The IMA successfully argued in its application to the High Court for a judicial review that, having demonstrated its right to be in the UK, EU citizens should no longer have to face the risk of their rights being withdrawn.