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23 February 2023

High Court ruling on requirement that makes EU citizens reapply to stay in UK stands

2 mins

In December, the High Court ruled that a requirement for EU nationals and their families to make an application to upgrade from pre-settled to settled status was unlawful.

The Home Office has confirmed that it will not seek permission to appeal against this judgment, and so the decision of the High Court stands. Read more about the High Court’s judgment in our previous blog here.

We welcome this confirmation, but what this means in practice, we do not yet know. The Home Office has not updated its guidance, and there is not yet any clarity as to how the acquisition of settled status will be proved, for example, to employers, landlords, and the NHS if this status has not been formally granted.

We will comment on any update when changes have been published. In the meantime, the Home Office recommend that EU nationals and their family members continue to apply for settled status when they are entitled to do so. We would also advise EU nationals and their families to do this before their pre-settled status expires to ensure that they can prove their rights and access services within the UK, and to avoid any uncertainty. 

Our Immigration, Asylum and Nationality team offer expert advice in relation to this topic. If you’d like to get in touch, submit an enquiry form here or call +44 20 7833 4433.

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