Home Office Error Threatens Residency Rights of Italian Engineer and Wife

A 33-year-old Italian engineer who has lived in London since 2018 was told by the Home Office that the settled status he received under the EU Settlement Scheme was granted “in error.” Because the department now considers him no longer a “relevant EEA citizen,” his Brazilian-born wife, who has been in the UK as his qualifying family member, has lost the right to remain. The decision follows a review triggered by his wife’s own application for status. The Home Office concluded that the evidence of his Italian citizenship was “insufficient” and that proof of Italian nationality before the Brexit cut-off date of 31 December 2020 was required.

The Guardian

The EU Settlement Scheme offers permanent residency to EU citizens who were resident in the UK for five years before the end of the transition period. Holders of “settled status” can sponsor family members for residence. Since the review began, the Home Office has contacted at least 100 people—potentially many more—informing them that their settled status was mistakenly granted. The engineer’s case illustrates how the review can affect not only the individual but also spouses and other dependents.

The Guardian

The Home Office reiterated its long-standing policy of not commenting on individual cases and stated that it does not routinely provide details about specific decisions. In a written response, the department said the error stemmed from “insufficient evidence” of nationality prior to the 31 December 2020 deadline.

The Guardian

• “In order to come to its conclusions, the Home Office is having to make, sometimes unverified, assertions about complex areas of other EU member states’ nationality laws. It is not evident what the policy objective is.” — The Home Office

The Guardian