EU Settlement Scheme НЕЗАКОННА - решение британского High Court

EU Settlement Scheme НЕЗАКОННА - решение британского High Court

>>> High Court finds EU Settlement Scheme breaches the Withdrawal Agreement: https://caselaw.nationalarchives.gov.uk/ewhc/admin/2022/3274

The Brexit fall out continues with the High Court finding in the case of Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) that the

++++++++++++ EU SETTLEMENT SCHEME IS UNLAWFUL ++++++++++

The scheme was set up by the British government to transition the lawful basis of residence for EU citizens from EU law to domestic UK law. The court found that the scheme breaches the Withdrawal Agreement between the UK and the EU because it fails properly to protect the rights of EU citizens.

In short, the court ruled that the terms of the Withdrawal Agreement mean that EU citizens issued with a form of temporary status called pre-settled status should not become unlawfully resident if they do not make a second, subsequent application for permanent status.

The judgment is being appealed by the Home Office so this is not necessarily the final word on the matter. If the outcome remains the same after appeals, though, it suggests either that the negotiators for the British government did a poor job of agreeing the draft Withdrawal Agreement. Or that the Home Office fundamentally misunderstood the agreement that had been negotiated.

Do not YET lower your guard.

In the meantime, until any appeals are resolved, those with pre-settled status may well want to apply for confirmation that they actually hold settled status, or indefinite leave to remain as it is formally known. The system of hostile environment immigration checks by public authorities, employers, landlords, banks and others makes it hard to live in the UK without proof of status. And returning to the United Kingdom after traveling internationally is potentially smoother for those with full settled status.