Home Office sued over removal of rights from 1,500 EU citizens

The Home Office is facing a High Court challenge over its decision to strip almost 1,500 EU citizens of their right to live in the UK, in what campaigners allege is a breach of the Brexit withdrawal agreement. The legal action, lodged by the campaign group the3million on Friday, argues that the Home Office removed rights without the procedural protections required under the agreement, including the right of appeal and an assessment of proportionality. Several cases have emerged of EU citizens who were granted pre-settled status after Brexit being told that their status was granted in error. One affected person is a 33-year-old Brazilian Italian engineer who has lived in London since 2018. He was initially told he could stay but his Brazilian wife could not, though the decision was reversed after objections were raised. Another is a woman working in the NHS and studying for a PhD in dentistry, who said the notification had turned her life upside down.

Legal arguments

According to the statement of claim, the Home Office made decisions to remove rights without the safeguards guaranteed by the withdrawal agreement. These include a fair assessment and a right of appeal. The campaign group argues that the Home Office has put the cart before the horse by denying people these safeguards because it considers them clearly not covered by the agreement.

Monique Hawkins, acting CEO of the3million, said: “The Home Office is putting the cart before the horse. It denies people the safeguards the withdrawal agreement guarantees – a fair assessment and a right of appeal – because it says they are ‘clearly’ not covered by the agreement. That’s like saying someone doesn’t need a trial because they’re ‘clearly’ guilty.” The group is asking the court to declare the “grant in error policy” unlawful and to excise the offending parts of the published policy. They argue that the policy is particularly problematic because the EU settlement scheme operated more generously than the minimum requirements of the withdrawal agreement, meaning status holders cannot know whether their grant was based on substantive requirements, evidential flexibility, or discretion.

Background and previous cases

Many of those affected are Brazilians with Italian parents or grandparents, who are Italian by birth under Italian law but were told they lacked an Italian passport at the time of application. In October 2026, the Home Office accepted that evidence of Italian citizenship obtained through jure sanguinis would be sufficient, marking a U-turn after earlier decisions were deemed errors. Hawkins said this showed the Home Office could change policy when errors were exposed.

This is not the first time the Home Office has been sued over its implementation of the withdrawal agreement. In 2022, the Independent Monitoring Authority, backed by the3million, accused the Home Office of putting EU citizens at risk of losing rights to work or rent a home by forcing them to reapply for settled status once pre-settled status expired. High court judges ruled in the IMA’s favour, concluding that the conditions imposed were unlawful. A Home Office spokesperson said they could not comment as proceedings are ongoing.