UK Home Office Begins Removing EU Citizens' Residency Rights Using Travel Data
The UK Home Office has initiated the removal of post-Brexit residency rights from European Union citizens deemed to no longer be living continuously in the country. The action, which uses travel data to determine periods of absence, commenced on April 10, 2026, and is being undertaken by UK ministers.
Legal Basis and Method The initiative is legal under the 2020 Brexit withdrawal agreement. The Home Office is using travel data to partly determine absences of EU citizens, a methodology that forms the basis for assessing whether an individual's residency is continuous. This process relies on evidence of absence derived from travel records to make its determinations.
Concerns Over Data Accuracy The decision to use travel data has raised significant concerns. These concerns follow the HMRC fiasco that saw almost 20,000 parents stripped of child benefits because of inaccurate Home Office border data. The specific worry is over the reliance on this potentially flawed data in determining whether people are 'continuously' resident in the UK, a status with serious legal ramifications.
Scope of the Action The action targets EU citizens who are no longer "continuously" living in the country. UK ministers are starting to remove the residency rights that were established following the UK's departure from the European Union. This move represents a new phase in the implementation of post-Brexit immigration rules, directly impacting the settled status of individuals. The government maintains the process is a necessary exercise of its authority under the terms of the withdrawal agreement.