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Home Office to face legal challenge over post-Brexit rights of EU citizens in UK
A statutory body set up to monitor EU citizens’ rights after Brexit has been granted permission for a judicial review of Home Office rules which impact up to 2.5 million European nationals living in the UK.
The Independent Monitoring Authority (IMA) applied to the high court to challenge a Home Office decision to remove the rights of people living in the UK for less than five years before Brexit if they do not apply in time for permanent residency status.
The rules mean they would be classed as undocumented migrants and lose their rights to reside, work, rent property or access services including the NHS. At worst, they could face deportation.
The IMA argued the rules were a breach of the withdrawal agreement (WA) between the UK and the EU, which guaranteed the rights of EU citizens who were in the country before Brexit.
Allowing a judicial review, Mr Justice Saini said the IMA’s “case is plainly arguable”.