The Independent Monitoring Authority (IMA) has appealed to the Supreme Court to challenge the Home Office’s decision to remove the rights of people living in the UK for less than five years before Brexit if they do not apply for permanent residence on time. . The rules mean they will be classified as undocumented immigrants and will lose their rights to reside, work, rent or access services, including the NHS. In the worst case, they could face deportation. The IMA argued that the rules were a breach of the UK-EU Exit Agreement (WA), which guaranteed the rights of EU citizens who were in the country before Brexit. Allowing for a judicial review, Justice Saini said the IMA case “is clearly questionable”. He added: “There is also a real issue as to the possible application of EU law in the interpretation of the WA.” He said it was a significant public interest, given the huge number of so-called “pre-established regime” who are required to apply for permanent “established status” by the Interior Ministry before their five-year status in the country expires. . The judge said: “Resolving these issues is a matter of public interest, given the potentially large number of those with pre-established status (2.4 million people). The claim must be resolved long before any such person is exposed to potential risks of not seeking a settlement. This date is, I understand, the beginning of 2023 “. The date refers to the five-year anniversary of the pilot launch of the scheme, in December 2018. According to the rules of the Ministry of Interior, any of the 2.5 million people who have been granted pre-settlement status and do not apply for an established status will lose all their rights to education, health care, benefits and employment and access in the NHS. “We welcome the court’s decision to allow our case to be heard. “This is an important milestone, as we hope to provide clarity and certainty to the millions of pre-installed citizens,” the IMA said in a statement. “In the meantime, we continue to encourage citizens who are having difficulty exercising their rights to inform us through our web portal.” The campaigns, including the group of 3 million, fear that many vulnerable people with pre-installed status will fail the Home Office test and may be deported. They include children in care, the elderly, the homeless, those hospitalized or abused, or people living chaotic lives who do not manage their bureaucracy well. Many others need the help of charities to deal with the Home Office system and it may not be understood that they will have to reapply once they are in the country. Subscribe to the First Edition, our free daily newsletter – every morning at 7 p.m. BST “In taking legal action now, we hope to provide clarity to those citizens with a pre-existing status of 2.485 million by November 30, 2021,” said Kathryn Chamberlain, Managing Director of IMA, when the authority submitted its application. for judicial review. The IMA has successfully argued in its Supreme Court application that EU nationals, having demonstrated their right to already be in the United Kingdom, should not run the risk of having their rights revoked.
