More than six years after free movement ended, the Home Office is embroiled in a fresh legal battle over the post-Brexit rights of European nationals. On 27 September 2026 The Guardian revealed that officials have written to 1,473 EU and EEA citizens informing them that the settled or pre-settled status they obtained under the EU Settlement Scheme (EUSS) was issued "in error" and will be cancelled unless they can prove their entitlement within 14 days. Campaign group the3million says at least 50 people have already had their digital status deleted and has instructed solicitors to seek a judicial review of the policy. The letters rely on an administrative power introduced in late 2025 that allows case-workers to retrospectively reassess an EUSS grant. Critics argue that the UK is breaching Article 18 of the Withdrawal Agreement, which guarantees that once residence status is granted it can only be withdrawn through proportionate procedures. Examples cited by lawyers include dual-national Brazilians with Italian passports and long-term NHS workers who suddenly found themselves unable to prove their right to work or rent. Practically, the move creates immediate compliance headaches for employers, landlords and universities, all of whom rely on the Home Office’s real-time digital “view and prove” system to check an individual’s right to work, rent or study. Where status has been deleted, those checks return a red “no immigration record” result, exposing the individual – and any organisation that continues to engage them – to civil penalties. HR teams are being advised to repeat right-to-work checks for EUSS staff and to diarise follow-up checks if an employee has an outstanding appeal. From a mobility perspective the episode highlights the fragility of eVisas and digital-only immigration status documents. Holders whose status is removed cannot board flights to the UK because airline Advance Passenger Information checks will flag them as unauthorised. Employers with large EU national workforces – notably in manufacturing, hospitality and healthcare – face unexpected attrition risk, while assignees making business trips risk being denied re-entry if their status is revoked while they are abroad. Immigration lawyers expect the High Court to hear an urgent application for interim relief in October. If successful, the case could reinforce the principle that residence rights acquired under the Withdrawal Agreement are not subject to unilateral administrative claw-back. In the meantime, businesses are being advised to keep travel to a minimum for affected staff and to prepare evidence packs – such as tenancy agreements, utility bills and P60s – that demonstrate continuous residence prior to 31 December 2020.
Source: The Guardian
