The Home Office is being taken to the High Court after stripping almost 1,500 EU citizens of their full right to live in Britain, telling them that the pre-settled status granted to them after Brexit had been awarded in error.

Campaign group the3million lodged court papers on Friday 6 November, arguing that the department breached the Brexit withdrawal agreement by removing those people's rights without the safeguards the agreement guarantees.

Italians by descent at the centre

Under Italian law, people born to Italian parents or grandparents are Italian from birth, even if they have never held an Italian passport. Several of those affected are Brazilians in that position, told their status was granted in error because they declared Italian citizenship without producing a passport.

Many could not obtain a passport then because Italian public offices were closed during the pandemic. One of those affected is a 33-year-old Brazilian-Italian engineer who has lived in London since 2018. He was told he did not qualify for settled status and his Brazilian wife could not stay. That decision was reversed only in recent weeks.

October concession

In October 2026 the department shifted its position, accepting that a person who could show evidence of Italian citizenship acquired through descent, known as jure sanguinis, would be treated as Italian from birth. But the campaign group says the wider policy remains in place.

Monique Hawkins, the group's acting chief executive, said the Home Office was denying people the safeguards the agreement guarantees. The group is asking the court to declare the grant-in-error policy unlawful. The Home Office declined to comment while proceedings are under way.

Anyone affected should check the official EU Settlement Scheme guidance on GOV.UK — rules can change. This is a news report, not immigration advice.