Home Office sued after stripping EU citizens of rights

Campaign group the3million has lodged legal papers at the high court against the home office, alleging a breach of the Brexit withdrawal agreement. The legal challenge follows decisions to strip nearly 1,500 EU citizens of their full rights to live in the UK after previously granted pre-settled status was declared an error. Court documents state that the removal of these rights happened without mandatory procedural protections, such as the right to appeal and proportionality assessments.

Among those affected is a Brazilian Italian engineer in London whose status was initially questioned. Another case involves an NHS worker and PhD student who stated that the official notification disrupted her life completely. The controversy centers largely on individuals of Italian descent who obtained citizenship by birth through direct relatives, known as jure sanguinis. The home office previously argued that applicants without an Italian passport at the time of application were accepted in error, though a policy change in October 2026 acknowledged certain forms of citizenship proof.

Monique Hawkins, acting CEO of the3million, criticized the department for denying procedural safeguards and bypassing fair assessments. Lawyers also noted that the initial generosity of the EU settlement scheme, which applied evidential flexibility and discretionary decision-making, created widespread confusion among status holders regarding the exact basis of their approvals.

The home office faces legal action for allegedly breaching the Brexit withdrawal agreement.

This is not the first legal challenge faced by the department regarding the withdrawal agreement. In 2022, the independent monitoring watchdog successfully challenged requirements that forced pre-settled status holders to reapply. A spokesperson for the home office declined to comment while legal proceedings remain ongoing.

Why it matters This legal challenge questions the security of residency rights for thousands of EU citizens living in the UK, impacting individuals facing sudden revocations of their legal status without standard procedural safeguards.