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Home Office ‘error’ leaves Italian man’s wife with no right to stay in UK

Home Office ‘error’ leaves Italian man’s wife with no right to stay in UK

Summary

An Italian engineer living in London since 2018 was told by the UK Home Office that his settled status was granted by mistake, affecting his wife's right to stay in the UK. The error has left his wife without residency rights, despite him not breaking any rules since Brexit and having permanent residency under the EU settlement scheme.

Key Facts

  • Fabio, an Italian engineer, arrived in London in 2018 and has permanent residency under the EU settlement scheme.
  • The UK Home Office said they granted his settled status "in error" after reviewing his case.
  • Because of this, Fabio's wife no longer has the right to live in the UK with him as a qualifying family member.
  • Fabio provided documents to prove his Italian citizenship, but officials claimed they were insufficient and needed proof from before December 31, 2020.
  • The Home Office has contacted over 100 people, possibly more, saying they gave settled status by mistake.
  • Experts argue the Home Office actions may violate the EU-UK withdrawal agreement, which protects residency rights of EU citizens after Brexit.
  • Authorities warn these decisions could cause families to lose rights suddenly without proper review.
  • The Independent Monitoring Authority has raised concerns with the Home Office about revisiting and overturning settled status decisions.
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