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EU citizens challenge Home Office removal of rights in High Court
Campaign group the3million has filed a High Court challenge to a Home Office policy that it says unlawfully removes rights from EU citizens previously granted pre-settled status. The case centres on whether people can lose those rights without the appeal and proportionality safeguards required by the Brexit withdrawal agreement, after building their lives in the UK in reliance on the original decisions.
Almost 1,500 EU citizens have reportedly been affected. Some Brazilian Italians were told their status had been granted in error because they had not supplied an Italian passport, despite claiming citizenship by descent; in October 2026, the Home Office changed its position on accepting evidence of Italian citizenship acquired by descent. The3million is asking the court to declare the policy unlawful and require changes to it.
In short
- The3million is challenging the Home Office in the High Court.
- Almost 1,500 EU citizens have reportedly lost some or all rights.
- The case argues they should receive appeal and proportionality safeguards.
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The case for
Those challenging the policy argue that people granted pre-settled status should not lose associated rights through an administrative reversal without a meaningful appeal and an assessment of proportionality, as they say the withdrawal agreement requires. They also stress that affected people may have built their lives in the UK in reliance on official decisions, and that citizenship by descent can be established through evidence other than an Italian passport.
The case against
The Home Office could argue that status must be based on reliable evidence that a person met the eligibility rules, and that correcting grants made in error protects the integrity and consistent application of the scheme. It may also contend that a change in its approach to evidence of Italian citizenship addresses earlier difficulties, while the court must determine what safeguards the withdrawal agreement requires in these circumstances.
Explained simply
The EU Settlement Scheme lets eligible EU citizens and their families live in the UK after Brexit. Pre-settled status is a temporary form of permission for people who had not yet lived in the UK long enough to qualify for settled status; it can lead to settled status once they meet the residence rules.
The Home Office runs the scheme and makes decisions about people’s status. The3million campaigns for EU citizens’ rights, while the High Court can assess whether government policies comply with the law. The Brexit withdrawal agreement sets protections for people covered by it, including safeguards around decisions that affect their rights.
The case concerns people whose earlier grants of pre-settled status were later treated as mistakes, including some Italian citizens by descent who had not provided an Italian passport. It raises questions about how citizenship evidence is assessed and what process should apply before someone loses rights they were previously granted.
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Originally published by The Guardian as “Home Office sued after stripping almost 1,500 EU citizens of right to live in UK”.