Brexit: Judicial Review on Settled Status policy

PERMISSION has been granted for a Judicial Review of the Home Office "position" on Settled Status for EU nationals already living and working in the UK.

EU flag

EU flag at a June 2022 rally of the Trades Union Congress

In a Judicial Review (JR), a judge reviews whether a government decision is lawful. Under current Home Office policy, EU nationals who have the less-stable Pre-Settled Status need to apply for the more permanent Settled Status before their Pre-Settled Status expires.

There are some 2.8 million EU nationals living in the UK who do not qualify for full Settled Status because, for example, they haven't lived here "continuously" for five years. If these people fail to apply for Settled Status before their Pre-Settled Status expires, they automatically lose their right to live and work in the UK. It is the legality of this policy that the applicants in the JR are contesting.

The JR proceedings were initiated in October by the Independent Monitoring Authority for the Citizens' Rights Agreements (IMA), a body set up as part of the UK's Withdrawal Agreement with the EU. The IMA ensures compliance with the Withdrawal Agreement clauses that protect the rights of EU nationals living in the UK.

EU nationals settled in the UK who "experience difficulties in exercising their rights" are invited to make a complaint to the IMA.