Millions of UK-based EU citizens ‘at risk of deportation’ over Brexit

Millions of European Union citizens based in the UK could potentially face deportation or be at risk of detention if they overstay their post-Brexit status, the high court has heard. About 2.6million EU citizens were granted the Pre-Settled Status, an immigration status which allows them work and live in Britain after Brexit. Under the current rules set by the Home Office, they could be kicked out of the country, should they fail to apply for the upgraded Settled Status on time.GB News’ Katherine Forster said it “is certainly possible” that EU citizens could be deported. “That is what the IMA [Independent Monitoring Authority] are saying.”What they’re saying is that about 6 million Europeans claimed for EU Settlement Scheme to continue to live and work in the UK following Brexit.” Millions of UK-based EU citizens could be deported under current Home Office rules (Image: GETTY) GB News’ Katherine Forster reported that EU citizens could ‘certainly’ be deported (Image: TWITTER/@GBNEWS)Ms Forster reported: “About 3.2 million of those have already got settled status. That means they can live and work here permanently. “But the ones that haven’t been here for five years have applied for about 2.6 million of them pre-settled status. “Now, what the IMA are bringing this judicial review about, is that if those people do not reapply before that period ends, then they potentially would be called ‘illegal overstayers’.”They could then be potentially deported out of the country. They would lose all the rights that they previsouly had.”READ MORE: Sturgeon either lied to Scotland or was too dim to figure out EU rules EU citizens were required to apply for either the pre-settled or the settled status before Brexit (Image: EXPRESS) The IMA says the Home Office is breaching the Brexit deal with the five-year rule (Image: EXPRESS)”Now the IMA are saying that this is fundamentally unlawful and that the Home Office in pursuing this are breaking the law and going against the withdrawal agreement,” GB News’ Katherine Forster added.The IMA, an independent non-departmental public body in charge of protecting and safeguarding the rights of EU citizens in post-Brexit Britain, said in the court the Brexit deal does not posit a time frame and that EU citizens should be allowed to apply for the upgraded immigration status after five years even if they miss the deadline.At the end of the transition towards Brexit in 2020, all EU citizens were required to apply either for the pre-settled status or the settled status, depending on how long they had stayed in Britain.Those who had stayed for fewer than five years had to apply for temporary residence rights, known as pre-settled status. According to Home Office rules, they must apply for the settled status – permanent residence rights – before the five-year period expires.DON’T MISS:Suella Braverman was probed over alleged leak on hated Brexit deal [REPORT]  Rishi Sunak could have ‘bromance’ with Emmanuel Macron [REPORT]  Sturgeon could exploit ‘advisory’ vote to push through independence [REPORT]   The Home Office denies the allegations presented by the IMA (Image: GETTY)If EU citizens fail to apply by the five-year deadline, they will lose their rights to live and work in the post-Brexit Britain and fall into the new points-based immigration system following Brexit. About 2.6million EU citizens are affected by the Home Office’s immigration rules.In his opening argument, Robert Palmer KC, for the IMA, told the court that the effect of the scheme is “that person will automatically lose their rights to reside in the UK, making them an illegal overstayer who is liable to detention or removal.”However, the five-year timeframe set by the Home Office is illegal under the Brexit deal, the IMA said, contending that EU citizens’ rights “do not expire” unless they are lost or withdrawn for reasons laid out in the Brexit agreement.In its skeleton argument, the IMA stated: “The right of residence is not limited in time, and in particular does not expire after five years (save in the case of extended absence from the UK). Automatic withdrawal of the right for a failure to make a further application within five years for a continued right of residence is incompatible with the WA, which makes no such provision.”READ NEXT:Sturgeon using Brexit to scramble support for Scottish Independence EU facing internal crisis as Brussels ‘not trusting Irish’ with BrexitBrexiteers react to EU free speech threat to Elon MuskRees-Mogg insists axing EU laws still key as Sunak could delay moveIsrael eager for UK deal as Britain close to ‘Global Plan B’