EU Nationals Pre-Settled Status Brexit Warning Overview:
- Who: The Independent Monitoring Authority (IMA) has warned that the rights of EU nationals living in the UK are not being upheld by the UK government.
- Why: The IMA claims EU citizens are being required to fulfill pre-settled status extension applications that aren’t actually required by the Brexit divorce deal.
- Where: The warning affects EU nationals across the UK.
The UK government is not upholding the rights of EU nationals who have lived in the country for less than five years, according to a warning by The Independent Monitoring Authority.
The EU nationals who are being treated unfairly have lived in the country for less than five years—before Brexit—and are now attempting to secure residence status, reports Politico.
Citizens of the EU who lived in the UK prior to Brexit were able to secure pre-settled status due to the UK government’s so-called EU Settlement Scheme, which allows individuals to retain the ability to live and work in the country.
The EU Settlement Scheme also enables EU nationals to use public services offered to UK citizens, such as education, reports Politico.
EU nationals are required by the UK government to apply within five years of their initial pre-settled status to extend their status as pre-settled or for permanent settled status.
Individuals who fail to apply for the extension or full statuses within the allocated five years will lose their rights to live and work in the country and will be considered unlawfully present by the Home Office, reports Politico.
UK Government Policy Violates EU Nationals’ Rights Under Brexit, Says Watchdog
The IMA has said that these conditions are unlawful, however, since they contradict rights provisions afforded to EU citizens in the Brexit divorce deal.
Under Brexit, there is no wording that would indicate that EU nationals would be considered unlawfully present and lose their rights if they did not reapply within five years of initial pre-settled status, reports Politico.
The Home Office, however, claimed in a statement to Politico that enforcement actions are being done “in good faith.”
“We take our citizens’ rights obligations very seriously and have implemented the arrangements we agreed under the Withdrawal Agreement in good faith,” a Home Office spokesperson told Politico. “We do not comment on ongoing legal proceedings.”
The warning from the watchdog group could have significant implications in the UK, with more than 2.4 million EU nationals currently residing in the country with pre-settled status, as of last month, reports Politico.
Earlier this year, grocery stores across the UK struggling to keep their shelves stocked with food blamed the shortages partially on Brexit.
Are you an EU national residing in the UK under pre-settled status? Let us know in the comments!
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