Home Office challenges settled status of 100+ post-Brexit Europeans, families denied UK residence

Herz — World Desk · 9 August 2026 at 10:53 · 30s summary · 2 min read

What we know

The UK Home Office, the country's interior ministry, has contacted at least 100 holders of the post-Brexit settlement scheme allowing European citizens to secure permanent residence in the UK. In each case, the ministry informed them that this status was granted 'in error', according to The Guardian.

The case of Fabio (name changed) illustrates the issue. This 33-year-old engineer, an Italian-Brazilian national, has been living in London since 2018. In April 2026, he received a letter stating that his post-Brexit settled status had been granted 'in error'.

Born in Brazil, Fabio had provided a certificate from the Italian consulate to prove his Italian nationality before the 31 December 2020 Brexit deadline. The Home Office now considers this documentation insufficient.

The Home Office does not revoke Fabio's right of residence. However, it has notified him that he is no longer considered a 'relevant EEA citizen' — a European Economic Area national eligible for the scheme. He can therefore no longer sponsor his Brazilian wife, who loses all right to remain in the UK.

The review of his case was triggered by his wife's application to join the scheme as a family member of a European citizen.

Experts and official bodies challenge the move

Catherine Barnard, professor of European law at the University of Cambridge, contends that the Home Office's approach breaches the EU-UK withdrawal agreement — the text governing the rights of European citizens settled in the UK since Brexit. She cites Article 13(4) of chapter two, which prohibits the host state from imposing limitations on residence rights already granted.

The Independent Monitoring Authority (IMA), the statutory body responsible for overseeing implementation of the withdrawal agreement, has written to the Home Office to signal that its decisions 'may be incompatible with the withdrawal agreement'. The IMA has also invited affected European citizens to contact it directly.

Monique Hawkins, interim chief executive of the3million, denounces a 'cliff-edge loss of rights' for entire families. According to her, no assessment of proportionality has been conducted, as required by the withdrawal agreement.

Mala Savjani, associate at Wilson Solicitors in London and Fabio's lawyer, states that it is 'unclear' why the government is targeting European nationals with dual citizenship. She emphasises that the Home Office makes unverified assertions about complex areas of nationality law in other EU member states.

What remains unclear

The total number of people affected has not been established: at least 100 cases have been documented, but the true scale of the issue remains unknown. It is also unclear what evidence of European nationality the Home Office considers sufficient for dual nationals born outside the EU.