<
https://www.theguardian.com/politics/2022/dec/21/brexit-rule-that-makes-eu-citizens-reapply-to-stay-in-uk-is-unlawful-court-says>
"Home Office rules that could put millions of EU citizens at risk of job losses
or deportation after Brexit have been found to be unlawful by the high court.
Under the current EU settlement scheme, EU citizens who had been in the country
for less than five years before Brexit and who had “pre-settled status” are
obliged to reapply to upgrade their status to “settled status” after being in
the country for five years.
If they did not, they would automatically lose their rights to reside, work,
rent property or access services including the NHS, under Home Office rules.
But in a ruling handed out on Wednesday in the high court, Justice Lane
described the rule as “wrong in law and that the EU settlement scheme is
accordingly unlawful” as it “purports to abrogate the right of permanent
residence”.
Lane ruled that a right of residence could only be lost in very specific
circumstances that were clearly defined in the withdrawal agreement.
The loss of rights because someone failed to apply to upgrade from pre-settled
status to settled status was not one of those circumstances, Lane said.
Under the Brexit withdrawal agreement, the UK and the EU agreed that both EU
citizens in the UK and UK citizens in the EU could lawfully remain in the
countries they lived in if they had settled there before Brexit."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
