Home Office 'error' leaves Italian man's wife with no right to stay in UK
The UK Home Office has told a 33-year-old Italian engineer his post-Brexit settled status was granted in error, leaving his Brazilian wife without the right to remain. At least 100 people have received similar notices over EU settlement scheme errors.
An Italian engineer known as Fabio, who has lived in London since 2018 and completed his doctorate there, has been told by the Home Office that his settled status under the EU settlement scheme was granted in error. Although officials said they would not strip him of the status itself, the error means his Brazilian wife is no longer considered a qualifying family member and has therefore lost her right to remain in the UK with him.
Fabio, who was born in Brazil but holds Italian dual nationality, had submitted a certificate from the Italian consulate as proof of citizenship when he applied. The Home Office now says this evidence is insufficient, arguing it needs proof his Italian citizenship existed before the Brexit cut-off date of 31 December 2020.
The review of his case appears to have been triggered after his wife made her own application under the EU settlement scheme. Fabio said the couple, who had been planning to start a family and buy a home, must now put those plans on hold.
Concerns over legality
Catherine Barnard, professor of EU law at the University of Cambridge, said the case suggests the Home Office is creating a two-tier system that breaches the EU-UK withdrawal agreement, which bars the host state from imposing extra conditions on residence rights already granted.
Monique Hawkins of the3million warned that such rulings could affect whole families, while the Independent Monitoring Authority, the body overseeing the withdrawal agreement, said it is concerned the Home Office's approach may be incompatible with the agreement and has invited affected EU citizens to contact it.
Mala Savjani, the solicitor representing Fabio, questioned why the government appears to be targeting dual nationals. The Home Office said it does not comment on individual cases but maintained that people found to have been granted status in error are not protected under the withdrawal agreement unless they can prove they meet the requirements.
