The Home Office has introduced harsh new guidance that will affect many EU citizens who live in the UK.

The new guidance states that EU citizens applying to the EU Settlement Scheme (EUSS) must have been ‘self-isolating’ for COVID-19 to count as an ‘important’ reason for an extended absence from the UK of between 6-12 months. If an EU citizen’s extended absence is not for an ‘important’ reason, they might get a more precarious immigration status or be disqualified from applying to the EUSS completely.

The new guidance means that many EU citizens who avoided international travel will be punished simply for trying to protect their own and the public’s health. This includes EU citizens who are clinically vulnerable and those caring for sick relatives.

The human impact

Rosa* is a Spanish national who moved to the UK in 2016. Her partner is British and she has made her life here. In July 2020, Rosa travelled back to Spain after finding out that her father had been diagnosed with cancer. He needed chemotherapy every two weeks. To receive his treatment, he needed to make trips to the hospital. In between appointments, he was not permitted to leave the house. Rosa drove her father to the hospital and back for his fortnightly chemotherapy and other than doing the occasional food shop (where she would wear gloves, a face mask and a visor) she also did not leave the house.

 Under the Home Office guidance, Rosa does not have an ‘important’ reason for her extended absence and this will impact her immigration status. Surely avoiding travel to protect a parent with cancer from being exposed to COVID-19 is an important reason? 

We are taking legal action

Last month, Here for Good sent a letter before claim to the Home Office setting out why the guidance is unlawful, including serious breaches of the Withdrawal Agreement and the Equality Act 2010. We gave the Home Office until 25 February to respond to our arguments and/or amend the guidance but they have not done so.

To ensure that EU citizens are not punished by this unlawful guidance, we have no choice but to bring a claim for judicial review. 

We are working flat out to get our case ready. However, if the case is unsuccessful, Here for Good might have to pay the Home Office’s legal costs.

This would put a small charity like ours at existential risk. We will be applying for a Costs Capping Order to limit our costs risk and to allow us to bring this case, but to cover our costs risk, we need to raise at least £10,000 and FAST. 

We are trying to get the case in court as soon as possible as the EUSS closes on 30 June 2021 and the situation is urgent. 

Nobody should be forced to choose between protecting public health or protecting their immigration status. We’re committed to ensuring EU citizens will not be exposed to this unlawful guidance: will you join us?

Who we are

Here for Good is a registered charity that provides free, high quality legal services to vulnerable EU, EEA and Swiss citizens, and their families, in the UK post-Brexit.

Here for Good has instructed Bindmans LLP as the solicitors on this case, although Here for Good’s full legal team is involved. Charlotte Kilroy QC and Hollie Higgins of Blackstone Chambers and Ollie Persey of Garden Court Chambers are the barristers acting for us. None of the money raised from this CrowdJustice page will pay for our lawyers’ time - they are acting because of the importance of the issues raised in this case and are taking their own financial risk to do so.

*Name and nationality changed to maintain our client’s anonymity