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Home Office faces legal challenge after revoking post-Brexit residency of 1,473 EU nationals

Sep 27, 2026
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Home Office faces legal challenge after revoking post-Brexit residency of 1,473 EU nationals
The Home Office has confirmed that 1,473 people who were granted either pre-settled or settled status under the EU Settlement Scheme have now been told their residency was issued “in error”. Campaign group the3million has placed the department on notice of a judicial review, arguing that the late-2025 policy allowing caseworkers to reopen decisions breaches the UK–EU Withdrawal Agreement. Individuals affected include engineers, NHS workers and academic researchers who have lived in Britain for years and built families and careers here. At the heart of the dispute is whether minor documentary errors—such as failing to upload a passport scan with an online application—justify stripping rights that EU citizens were promised would be lifelong. One Italian professional quoted by the Guardian said losing status would cost him the right to have his spouse live with him, jeopardising his job and tenancy. Practically, anyone whose status is withdrawn loses the ability to work, rent property, open bank accounts or re-enter the UK after travel. Employers that rely on European talent in engineering, healthcare and technology risk sudden right-to-work compliance breaches if staff fall out of status overnight. Immigration lawyers expect a surge in urgent status-checking requests and are advising employers to run internal audits this week. The challenge also raises a wider policy question: should the government be able to revisit historic immigration decisions years later? The3million argues that legal certainty is essential for labour mobility and that the “error” power could chill future investment by European firms that relocate staff to Britain. Conversely, ministers say they must correct mistakes to protect the integrity of the system. If the judicial review proceeds, a ruling could clarify the limits of Home Office discretion and set a precedent for other digital-status schemes, including the UK’s new Electronic Travel Authorisation (ETA) and forthcoming e-Visas. Multinational HR teams should monitor the case and prepare contingency plans for EU employees who may suddenly need fresh evidence of their right to live and work in the UK.
Source: The Guardian

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