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In December 2022, the High Court of England ruled that the rules, which apply to more than 2.5 million EU citizens living in the UK, were illegal and that no previously expatriated people could be deported from the UK. This decision will not be contested by the government.
The Home Office has confirmed it will appeal to the High Court against High Court judge Mr Lane, despite previously saying it will not appeal the decision.
But Mr Robert Palmer QC, of ​​the Independent Monitoring Office, now under the Home Office, which oversees the rights of pre-blockade recipients, told the court that millions of EU citizens living in the UK are at risk of losing their rights. themselves and therefore treated as “illegal residents”.
Around 2.6 million people, he said, would be affected, those who were living in the UK before the end of the transition period in 2020 and who had been granted pre-settled status. Under Home Office rules, if they do not apply for permanent residence within five years, they will lose their legal right to live in the UK.
Mr Palmer added that they would face “very serious consequences affecting their right to live, work and access to social protection and housing in the UK and would be liable to detention and deportation”.
Many citizens with pre-settlement status in the EU could lose their right of residence if they do not apply for asylum after five years.
In December 2022, Mr Adlet Lane concluded that part of the EUSH, the EU Settlement Scheme set up by the Home Office to determine the immigration status of EU citizens, had been scrapped between the UK and the EU. based on a misinterpretation of the agreement.
The Home Office said Mr Justice Lane’s ruling, benefiting millions of EU citizens, had now become law and it was working to implement it “as soon as possible”.
A Home Office spokesman said: “People who already have settled status are encouraged to apply for settled status as soon as possible so that they can provide evidence of their right to permanent residence in the UK.
Immigration Minister Robert Jenrick said the plan was a huge success. We have supported millions of people from European countries in the UK to get permanent status.
A limited right to live and work in the UK for pre-emigration recipients from European countries, valid for five years, and if this period expires, it is necessary to reapply for full resident status, otherwise the application Those who are refused are considered illegal residents. and can be deported at any time.
Mr Palmer of the Independent Monitoring Agency said they would face very serious consequences, affecting their right to live, work and access to social protection and housing, and face arrest and deportation. But in response, UK High Court judge Mr Justice Lane said that if the Home Office’s interpretation of the law was correct, “many people are facing very serious uncertainty.” Including potential leaks. He said that the Ministry of Internal Affairs misinterpreted the law.
He asked the Minister of Internal Affairs to protect the right of residence of citizens of the European Union. Justice Lane will support this decision and will not appeal this decision to the Supreme Court and will not defend the rights of people who have previously settled in the EU.
The UK Home Office’s decision was warmly welcomed and millions of pre-migrants from European countries breathed a sigh of relief and rejoiced at the removal of the sword of deportation hanging over them every day.
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