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Home Office faces legal action for stripping EU citizens of settled status

Sep 27, 2026
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Home Office faces legal action for stripping EU citizens of settled status
The UK Home Office is under mounting pressure after confirming that 1,473 EU-born residents have been told that the pre-settled or settled status they secured under the EU Settlement Scheme (EUSS) was issued “in error”. Many of the letters were sent over the summer, but the policy only came to light when campaign group the3million began collating cases and preparing a judicial-review challenge. Individuals affected include NHS researchers, engineers and dual-national families who have built their careers in Britain since before Brexit. A Guardian investigation published on 27 September details how some recipients were accused of not being EU citizens at the point of application because they lacked a passport, even though they later produced alternative evidence. Lawyers argue that the policy breaches the UK-EU Withdrawal Agreement, which guarantees existing rights for EU nationals legally resident before 31 December 2020. In one test case the Home Office has already conceded in court, admitting it was wrong to withdraw status from an Italian citizen who subsequently received her physical passport. The concession strengthens the prospects of a wider class action and could force the department to review every decision letter it has sent. Losing EUSS status has immediate, real-world consequences. Affected migrants are unable to prove their right to work, rent, study or access the NHS because employers and landlords rely on the government’s digital status checker. Several interviewees say job offers have been withdrawn and tenancy renewals blocked while they scramble to launch appeals. Campaigners warn that uncertainty will also damage employers that depend on EU talent at a time when skills shortages already hamper productivity. For multinational companies the episode is a reminder that digital immigration status can be withdrawn overnight, creating compliance risks for staff on assignment. HR teams should proactively download share codes for key employees, audit EUSS records and build contingency plans—such as alternative visa routes—for anyone who may be caught up in a batch review. They should also brief line managers to escalate any Home Office correspondence immediately so that statutory appeal deadlines are not missed. Politically, the row arrives just weeks before the Labour government’s first Immigration Bill is due in Parliament. Opposition MPs are calling for an independent review of the EUSS, while business groups want cast-iron guarantees that legally-resident EU citizens will not find themselves in a “digital Windrush” scenario. The judicial review, expected to be filed within days, could compel ministers to pause further revocations until the High Court rules on the legality of the policy.
Source: The Guardian

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