A "mistake" by the British Home Office deprived the Italian man's wife of the right to remain in the country
The UK Home Office informed a 33-year-old engineer from Italy that it had mistakenly granted him permanent residency status under the EU Citizens’ Settlement Scheme. As a result, his wife from Brazil can no longer remain in the country as a family member of someone with that status, according to The Guardian.
The man, whom the publication identifies as Fabio, has lived in London since 2018. He came to the UK to complete his doctoral program and later worked in the fields of energy and climate change mitigation. After Brexit, he was granted “settled status”—permanent residency status for EU citizens who meet certain conditions.
In April, the Home Office sent Fabio a letter as part of an investigation that, according to the newspaper, may have been triggered by his wife’s application for status under the same program. He was born in Brazil but has held Italian citizenship since birth and submitted a certificate from the Italian consulate with his application.
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The ministry stated that the evidence of Italian citizenship provided was insufficient: he was required to confirm that he was an Italian citizen as of the cutoff date—December 31, 2020. The Home Office stated that it would not revoke his settled status but considers that he is no longer an “eligible citizen of the European Economic Area” to sponsor his wife’s right of residence.
According to The Guardian, the UK Home Office has notified at least 100 people of errors in the granting of status under the EU Citizens’ Scheme. Catherine Barnard, a professor of EU law at the University of Cambridge, stated that Fabio’s situation may contradict the UK’s Withdrawal Agreement from the EU. She pointed to Article 13(4) of the document, which prohibits the host country from imposing restrictions or conditions on the acquisition, retention, or loss of the right of residence.
The independent body monitoring the agreement’s implementation also expressed concern that the Home Office’s actions may be incompatible with it. The ministry stated that it does not comment on individual cases and insists that individuals who were granted status in error are not beneficiaries of the Withdrawal Agreement if they cannot confirm that they meet the program’s requirements.
