The Home Office faces a high court challenge from the campaign group the3million, which alleges the department breached the Brexit withdrawal agreement by removing the full residency rights of almost 1,500 EU citizens. The legal action was lodged on Friday after multiple individuals discovered that their pre-settled status had been revoked under a "grant in error" policy. This move targets people who were told they should not have settled status, often because they lacked an Italian passport at the time of application despite holding citizenship through jure sanguinis.
Procedural failures and specific victims
The statement of claim argues that the Home Office stripped these rights without the procedural protections mandated by the withdrawal agreement. These safeguards include a right of appeal and a proportionality assessment to determine if removal is appropriate for those who built lives in the UK based on the original decision. A 33-year-old Brazilian Italian engineer in London since 2018 initially faced a ruling that barred his Brazilian wife from staying, a decision reversed only after objections were raised. Another affected individual, an NHS worker studying for a PhD in dentistry, reported that the notification "turned her life upside down." Many complainants could not obtain passports during the pandemic lockdowns, yet the department previously insisted they were granted status in error. Monique Hawkins, acting CEO of the3million, criticized the approach: "The Home Office is putting the cart before the horse. It denies people the safeguards the withdrawal agreement guarantees – a fair assessment and a right of appeal – because it says they are ‘clearly’ not covered by the agreement."
Legal demands and prior rulings
The campaign group seeks a declaration that the grant in error policy is unlawful under the withdrawal agreement or common law. They also request an order to excise the offending parts of the published policy. Lawyers argue that the UK’s initial generosity in minimizing evidence requirements compounded the current issue, as many holders cannot know if their status relied on substantive requirements or caseworker discretion. In October 2026, the Home Office accepted that evidence of Italian citizenship obtained through jure sanguinis proves someone was an Italian from birth. This marks a U-turn from previous positions where such nationals were deemed ineligible. The High Court papers note that despite advocacy efforts since early 2025, the Home Office refused to change course, forcing the group to litigate. This is not the first legal defeat for the department; in 2022, judges ruled against the Home Office in a case brought by the Independent Monitoring Authority regarding reapplication conditions. A Home Office spokesperson declined to comment while proceedings remain ongoing.
