Britain told 1,473 EU citizens their status was granted in error — The Guardian

The UK Home Office has informed 1,473 EU citizens who have the right to reside in the country after Brexit that the decision to grant them this status was made in error. As The Guardian reports, the department may face a legal challenge to its policy on such cases.

Possible judicial review

The EU citizens’ rights group the3million said it knows of at least 50 such cases and has informed the Home Office of its intention to seek a judicial review of the policy. According to the organisation, in many cases the department mistakenly considers that the status was granted unlawfully. In the view of the3million, this constitutes a breach of the UK’s withdrawal agreement with the EU.

According to the publication, the policy was introduced at the end of 2025, but only recently became known. Some people were told in notifications that they were not entitled to pre-settled or settled status because they had not provided passports when they initially applied.

Applicants’ cases

Those who received such notifications include Brazilians and other people who have held Italian citizenship from birth. The Home Office claimed that at the time they applied under the EU Settlement Scheme, they were not Italian citizens.

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One applicant, a 33-year-old engineer from Italy who has lived in London since 2018, has settled status, which is granted after five years of residence in the UK. He fears losing rights under the withdrawal agreement, including the ability to live in the country with his wife. Another applicant, who works for the National Health Service and is studying for a postgraduate degree, said that because of the notification she could lose her job and the right to rent accommodation.

Home Office position

The Home Office said that people who were granted pre-settled status in error are not beneficiaries of the withdrawal agreement, but may provide evidence to the contrary. The department also stated that they may submit a new application under the EU Settlement Scheme and, if refused, challenge the decision.

In one case considered by the administrative court, the Home Office acknowledged its error and withdrew its decision that pre-settled status had allegedly been granted in error. The department agreed that obtaining a physical Italian passport after Brexit is not the date on which Italian citizenship was acquired.