United Kingdom | Immigration | Losing EU residency status is unlawful, says High Court

December 23, 2022

22 December 2022


United Kingdom | Losing EU residency status is unlawful, says High Court

Impact [High]


On Wednesday 21 December 2022, the High Court ruled that EU nationals’ and their dependents will not lose their residency rights in the UK if they do not upgrade their status from Pre Settled Status to Settled Status.

The Detail

Holders of Pre-Settled Status are required to make an application before their permission expires to upgrade to Settled Status. If an individual fails to make an application they will become at risk of losing that status under existing rules which will impact their ability to work and access services in the UK.

The High Court concluded that individuals who do not apply for Settled Status will not lose their rights. The UK Government has confirmed that they will appeal the decision, therefore, it will be important to stay abreast of any changes that take place that will impact your population to remain fully compliant with the UK’s immigration laws.

How we can help

Vialto Partners will continue to monitor the developments in this area as it will critically transform the status and rights of EU nationals in the UK. With the Government set to appeal this decision, the legal position is yet to change, and EU nationals remain at risk of losing their status if they do not apply within their expiry period.

Please do get in touch with us if you have any queries or concerns regarding this High Court ruling, or any other issue.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

• Andrea Als, UK immigration Director and Solicitor: andrea.als@vialto.com
• Awale Olad, UK Advisory and Immigration Manager: awale.olad@vialto.com
• Gavin Webster, UK Senior Manager: gavin.webster@vialto.com
• Lily Malekyazdi, UK Senior Manager: lily.malekyazdi@vialto.com
• Lucy Vaux, UK Senior Manager: lucinda.vaux@vialto.com
• Lyudmyla Davies, UK Partner and Solicitor: lyudmyla.davies@vialto.com
• Ian Robinson, UK Partner: ian.robinson@vialto.com

Further information on Vialto Partners can be found here: www.vialtopartners.com

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