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Brexit - no loss of rights for failing to re-apply for Settled Status
THE UK High Court ruled shortly before Christmas on the lawfulness of the UK's Settled Status and Pre-Settled Status regime for EU nationals living here post-Brexit. The judgment is good news for the UK's resident EU nationals.
A pro-EU rally in London in 2019
There are many EU nationals in the UK who have the less secure Pre-settled Status for various reasons. Some have not been continuously resident in the UK for five years, for example. Currently, those with Pre-Settled Status have to re-apply to upgrade to the more permanent and secure Settled Status. They face deportation or loss of their right to live and work in the UK if they fail to do so.
The High Court ruled that those with pre-settled status should not lose their status for failing to upgrade to settled status after five years. Its judgment found that Settled Status should exist purely for identifying those who are beneficiaries of the Withdrawal Agreement between the UK and EU.
Settled Status is just a mean-spirited version of permanent residence. This judgment would seem to be saying that Settled Status should more closely resemble permanent residence.
The case was brought by the Independent Monitoring Authority for citizen's rights, which was set up as part of the Withdrawal Agreement. The judgment was largely based on interventions by the European Commission and The 3 Million, an advocacy group for EU nationals in the UK.
A response from the Home Office is now eagerly awaited. If the judgment forces the UK to enact more rights for EU nationals, it may ultimately lead in turn to reciprocal arrangements with some EU Member States that would grant UK residents there more rights as well.
Brexit: change coming to UK & EU residence rules