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British government's post-Brexit settlement scheme for EU citizens unlawful, High Court rules
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Europe;UK
London's High Court has ruled that the British government's settlement scheme for EU citizens is unlawful. /Reuters
London's High Court has ruled that the British government's settlement scheme for EU citizens is unlawful. /Reuters

London's High Court has ruled that the British government's settlement scheme for EU citizens is unlawful. /Reuters

London's High Court has ruled that the British government's post-Brexit settlement scheme for EU citizens is unlawful.

The ruling came after a body funded by the government to oversee citizens' rights, the Independent Monitoring Authority (IMA), took action against the Home Office (interior ministry).

Lawyers working for the IMA argued that the scheme unlawfully required EU citizens to make a second application after being allowed to remain in the UK or lose their residency rights.

Those EU citizens who hadn't got a right of permanent residence before the end of 2020 can be granted limited leave to enter and remain in the UK for five years, something known as "pre-settled status."

Robert Palmer, representing the IMA, said that those who do not make another application within five years of being granted pre-settled status would "automatically lose their right to residence in the UK."

Palmer argued that this part of the settlement scheme was "straightforwardly incompatible with the withdrawal agreement."

And on Wednesday, High Court judge Peter Lane ruled that the British government's interpretation of the agreement was "wrong in law" and the scheme was unlawful.

The Judge granted the Home Office permission to appeal the decision.

Following the decision, IMA chief executive Kathryn Chamberlain said: "I am pleased that the judge has recognised the significant impact this issue could have had on the lives and livelihoods of citizens with pre-settled status in the UK."

While Home Office minister Simon Murray added: "EU citizens are our friends and neighbors and we take our obligations to securing their rights in the UK very seriously.

"The EU settlement scheme goes above and beyond our obligations under the withdrawal agreement, protecting EU citizens' rights and giving them a route to settlement in the UK.

"We are disappointed by this judgment, which we intend to appeal."

Source(s): Reuters

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