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Almost 1,500 Europeans risk losing their right to reside in the United Kingdom

Cristina Petrache

7 November 2026, 19:18

Diaspora

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The British organization the3million has sued the UK Home Office, accusing the department of breaching the Brexit Withdrawal Agreement after nearly 1,500 European Union citizens were fully or partially deprived of their residence rights. The documents were filed at the High Court on Friday.

The cases concern people who had been granted temporary resident status, known as “pre-settled status”, but who were later informed that the initial decisions had been made in error. According to the organization, the department withdrew the rights without providing the safeguards set out in the agreement: the possibility of challenging the decision and an assessment of the measure’s proportionality.

Those affected include a Brazilian engineer of Italian descent who has lived in London since 2018, as well as a European citizen who works for the NHS and is pursuing a doctorate in dentistry.

The litigation comes after British authorities changed their position regarding some Italian citizens who acquired citizenship through the principle of jure sanguinis. In October 2026, the department announced that it would accept evidence of Italian citizenship, even if applicants had not initially presented an Italian passport. the3million argues that this change demonstrates that administrative decisions can be reviewed. The Home Office was also sued over the implementation of the agreement in 2022.

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Context: Great Britain has recently tightened immigration rules and is negotiating with the EU to restore certain post-Brexit arrangements

Before the litigation, the British government confirmed a tightening of the rules for obtaining permanent residency by foreigners with legal status: from next year, most applicants would have to prove 10 years of residence in the United Kingdom, compared with five years previously. There are exceptions for people with annual incomes above £125,141 (after three years), and after five years for certain categories such as doctors, nurses, teachers and some care workers, as well as for refugees who arrived through legal and safe routes.

At the same time, the trade and regulatory relationship between the United Kingdom and the EU remained on the negotiating agenda: London and Brussels agreed on a draft sanitary and phytosanitary agreement that would eliminate a large part of the controls and formalities introduced after Brexit for trade in food and agricultural products.