UK court rules post-Brexit resettlement policy for EU citizens unlawful

A high court in the United Kingdom ruled against the British government’s scheme regarding the resettlement of EU citizens. The court ruled that the plan was unlawful and breached the withdrawal agreement when the UK left the European Union.

Judge Peter Lane of London’s High Court ruled on Wednesday in favor of the Independent Monitoring Authority that oversees citizens’ rights in a lawsuit the group filed against the British government. The IMA argued that the UK is breaching its withdrawal agreement with the EU when it left the bloc by requiring EU citizens to reapply for the right to reside and work in the UK.

Lane said that the British government’s interpretation of the withdrawal agreement was “wrong in law” and that the scheme to require EU citizens to reapply was unlawful. Lane granted the Home Office permission to file an appeal.

Lawyers for the IMA argued during the hearing last month that the scheme unlawfully requires EU citizens to reapply after being allowed to stay in the UK or lose their rights of residence. EU citizens and their family members who have yet to establish a right of permanent residence in the UK before the end of 2020 can be granted a limited leave to enter and remain in the country for five years. This is also known as the “pre-settled status.”

However, attorney Robert Palmer, who is representing the IMA, argued that this part of the resettlement scheme for EU citizens was “straightforwardly incompatible with the withdrawal agreement.”

Home Office minister Simon Murray said the ministry will appeal Lane’s decision.

On Monday, two High Court judges ruled in favor of the British government, saying that the plan to send asylum-seekers to Rwanda was lawful. However, the judges also questioned whether the government considered the individual circumstances of those who are entering the UK with such claims.

A court hearing in the case is set for January, and appeals are likely going to be made.

The ruling follows the lawsuits filed by several asylum seekers, aid groups, and a union of border officials to block the Conservative government from enforcing a deportation agreement with Rwanda that would send refugees that arrive in the UK by boat to the East African nation.