Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

Flawed EU settlement scheme could create illegal migrants says High Court

Flawed EU settlement scheme could create illegal migrants says High Court

The UK scheme to settle millions of EU citizens risks creating illegal migrants overnight and is unlawful, the High Court has ruled.

In a highly critical judgment, the court said the scheme breached the UK's Brexit Withdrawal Agreement.

The watchdog for EU citizens' rights argued the scheme could strip people of rights if they don't register in time.

The Home Office said EU citizens are friends with clear protections and it will challenge the ruling.

Since 2018, the Home Office has run a two-stage process for EU citizens who wanted to remain in the UK.

This scheme was set up because the EU's freedom of movement principle had meant many people from within the block had never needed permission to be in the UK under immigration laws that apply to other parts of the world.

Under the scheme, at least 2.2 million people currently have "pre-settled status".

This is a limited right to live and work in the UK and it expires if they don't re-apply for full settled status after five years.

Some 200,000 people who were part of the scheme's pilot in 2018 must register for full settled status by August 2023 - or they could lose their legal rights.

The Independent Monitoring Authority (IMA), the post-Brexit watchdog for EU citizens' rights, challenged these arrangements in the High Court, saying ministers were breaking the legal promises they had given to the European Union.

It argued huge numbers of people could become illegal immigrants overnight if they didn't apply for the second stage on time.

That would mean they would lose their right to live, work or study and their access to health services.


'Serious uncertainty'


The risk of that happening, its lawyers argued, had never been intended in the Brexit Withdrawal Agreement.

Today, the High Court agreed, ruling the scheme created so much uncertainty it breached the UK's deal with the EU.

Mr Justice Lane said a very large number of people could face serious uncertainty.

"The consequence... of limited leave coming to an end, without being followed by further leave, is extremely serious," said the judge.

"The person concerned becomes an overstayer, who from that point is in the United Kingdom unlawfully.

"A person who knowingly remains beyond the time limited by the leave commits a criminal offence. In my judgment, these consequences cannot be brushed aside as merely procedural matters."


'Friends and neighbours'


The judge said that people who had not secured their full settled status would be at the mercy of the Home Office's decision-making.

"Someone who makes a belated application for further leave [to remain] will not know whether the defendant will accept the late application," he said.

Dr Kathryn Chamberlain, the head of IMA, said the watchdog had asked the court to give people clarity before the first tranche of EU citizens approach the August 2023 deadline.

"I am pleased that the judge has recognised the significant impact this issue could have had on the lives and livelihoods of citizens with pre-settled status in the UK," she said.

But junior Home Office minister Lord Murray said the government was disappointed and planned to appeal.

"EU citizens are our friends and neighbours, and we take our obligations to securing their rights in the UK very seriously," he said.

"The EU Settlement Scheme goes above and beyond our obligations under the Withdrawal Agreement, protecting EU citizens' rights and giving them a route to settlement in the UK."

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
White House Eyes Budapest for Peace Talks
Cave Diving Beneath the Streets of Budapest
Another American Restaurant Chain Opens in Budapest
Hungarian Opposition Politician Supports Ukrainian Commander
U.S. Celebrates Labor Day
Hungarian National Team Captain Scores Epic Goal
Opposition Leader Threatens Media Outlets
Budapest Central European Fashion Week Kicks Off
American Airlines Adds New Flights to Budapest
F1 Hungarian Grand Prix Wraps Up
WhatsApp is rolling out a feature that looks a lot like Telegram.
U.S. Trade Representative says Washington still negotiating trade deals after court rules tariffs illegal
Von der Leyen says Europe drawing up 'precise' plans to send troops to Ukraine
Kremlin accuses Europe of hindering Trump’s peace efforts in Ukraine
German Chancellor Merz expects Ukraine war to last a long time
Why Hungarians feel poorer than their neighbours despite rising wages
Fidesz minister vows Hungary will ‘rescue’ a crisis-stricken EU
Budapest completes back-to-school infrastructure upgrade
Hungarian–Chinese consortium wins tender for Budapest trolleybuses
Betting market fuels speculation about Viktor Orbán’s future
European Union Plans for Ukraine Deployment
ECB Warns Against Inflation Complacency
Concerns Over North Cyprus Casino Development
Shipping Companies Look Beyond Chinese Finance
Rural Exodus Fueling European Wildfires
China Hosts Major Security Meeting
Germany Marks a Decade Since Migrant Wave with Divisions, Success Stories, and Political Shifts
Liverpool Defeat Arsenal 1–0 with Szoboszlai Free-Kick to Stay Top of Premier League
Chinese Stock Market Rally Fueled by Domestic Investors
Israeli Airstrike in Yemen Kills Houthi Prime Minister
Ukrainian Nationalist Politician Andriy Parubiy Assassinated in Lviv
Trump Administration Seeks to Repurpose $4.9 Billion in Foreign Aid
Corporate America Cuts Middle Management as Bosses Take On Triple the Workload
Parents Sue OpenAI After Teen’s Death, Alleging ChatGPT Encouraged Suicide
Amazon Faces Lawsuit Over 'Buy' Label on Digital Streaming Content
US Appeals Court Rules Against Most Trump-Era Tariffs
Germany’s Auto Industry Sheds 51,500 Jobs in First Half of 2025 Amid Deepening Crisis
Bruce Willis Relocated Due to Advanced Dementia
French and Korean Nuclear Majors Clash As EU Launches Foreign Subsidy Probe
EU Stands Firm on Digital Rules as Trump Warns of Retaliation
Getting Ready for the 3rd Time in Its History, Germany Approves Voluntary Military Service for Teenagers
Denmark Confronts U.S. Diplomat Over Covert Trump-Linked Influence in Greenland
Trump Demands RICO Charges Against George Soros and Son for Funding Violent Protests
Taylor Swift Announces Engagement to NFL Star Travis Kelce
France May Need IMF Bailout, Warns Finance Minister
After the Shock of Defeat, Iranians Yearn for Change
Ukraine Finally Allows Young Men Aged Eighteen to Twenty-Two to Leave the Country
The Porn Remains, Privacy Disappears: How Britain Broke the Internet in Ten Days
YouTube Altered Content by Artificial Intelligence – Without Permission
Ukrainian Refugee Iryna Zarutska Fled War To US, Stabbed To Death
×