UK’s post-Brexit liquidation scheme for EU citizens is illegal: Court

The High Court says Britain is breaching the deal by requiring EU citizens to reapply for the right to live and work.

The British government’s post-Brexit deal scheme for EU citizens is illegal, the High Court in London has ruled.

A government-funded agency to monitor citizens’ rights has taken the Home Office to court, arguing that Britain is breaching its withdrawal agreement with the European Union by requiring EU citizens to reapply for the right to live and work in the UK.

Lawyers for the Independent Supervisory Authority (IMA) argued at a hearing last month that the scheme illegally requires EU citizens to submit a second application after being allowed to stay in the UK or lose their residence rights. .

EU citizens and their family members who have not established a right of permanent residence by the end of 2020 may be granted limited permission to enter and stay in the UK for five years. This is known as the “preset state”.

Robert Palmer, representing the IMA, said those who did not make another application within five years of being granted pre-established status “would automatically lose their right to reside in the UK”.

It argued that this aspect of the EU settlement scheme and a similar scheme for citizens of the countries of the European Economic Area and the European Free Trade Association was “directly incompatible with the withdrawal agreement”.

‘Wrong in law’

Judge Peter Lane ruled on Wednesday that the British government’s interpretation of the withdrawal agreement was “wrong in law” and that the settlement plan was unlawful.

He gave the Home Office permission to appeal against his decision.

IMA chief executive Kathryn Chamberlain said in a statement: “I am pleased that the judge has recognized the significant impact this issue could have had on the lives and livelihoods of UK citizens with pre-established status.”

Home Office Minister Simon Murray expressed disappointment at the ruling and said his ministry would appeal.

“The EU settlement scheme goes beyond our obligations under the withdrawal agreement, protects the rights of EU citizens and gives them a route to settle in the UK,” it argued in a statement.