A pivotal shift in the rights of EU citizens in the UK before Brexit has come to light. The Home Office is on the verge of overturning a rule implemented in August, a rule that previously impeded those who mistakenly applied for permanent residency cards post-referendum from making late applications for EU settled status, especially if they were unaware of the specialized immigration scheme.
Under the Brexit withdrawal agreement, EU citizens in the UK and Britons in the EU pre-Brexit enjoy a lifelong right to remain in their respective countries. The digital-only EU settlement scheme, designed to document nearly 6 million EU citizens, concluded in June 2021, allowing for late applications considered on "reasonable grounds."
Trouble arose last August with a Home Office crackdown, removing "lack of awareness" as a reasonable ground for late applications. This decision caused significant challenges.
Campaigners estimate tens of thousands of EU citizens applied for permanent residency cards after 2016.
After mounting pressure from campaigners and affected EU citizens, the Home Office has issued new guidance to case workers. This guidance, while described by insiders as an "update" rather than a reversal, now considers late applications from those with permanent residency cards as "reasonable grounds" for delays in applying to the settlement scheme.
A few campaign groups stated that this is a partial victory, criticizing the lack of clarity in the updated guidance.
This ongoing saga highlights the complexities of immigration policy and underscores the importance of continued advocacy to ensure fair treatment for all residents. As developments unfold, DMA Solicitors remains committed to providing timely updates and expert guidance on immigration matters.
Stay informed with us as we navigate these dynamic changes together.
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