LONDON – Britain’s Home Office will not appeal against a court ruling calling the government’s post-Brexit residence plan for EU citizens illegal, a spokesman confirmed.
high court of england and wales determined in December that the Home Office was acting illegally by removing residence rights from EU citizens if they fail to apply twice to stay in the UK after Brexit. The Home Office initially insisted it would appeal the decision, but a spokesman told Politico’s London Playbook It backfired on Wednesday late night.
“After careful consideration, we have informed the court that we do not wish to proceed with the appeal,” the spokesperson said. “We are working to implement the decision as quickly as possible and will provide an update in due course.”
The High Court took issue with the two-stage structure of the EU Settlement Scheme: after Brexit, EU citizens who had lived in the UK for less than five years had to apply for “pre-settled” status – then had to reapply for “settled” status once they reached the five-year mark. The judge said those who failed to make this second application risked being deemed illegal “overstayers” despite having a right to remain under the Brexit Withdrawal Agreement.
UK policy has been a source of bad blood between the UK government and the European Commission, which UK was accused last year Dividing EU citizens into two groups and being less lenient with them than is needed in the Brexit divorce deal.
The3million group – which campaigns for the rights of EU citizens in the UK and breaks the news of the Home Office reversal do – said the government would need to “enforce changes” to the policy. Co-CEO Monique Hawkins said the decision “has defused a ticking time bomb.” First independent monitoring authority for citizens’ rights agreements Said It will liaise with the Home Office on the outcome of the “historic” case which it brought to the fore.