EUSS Legal Challenge: Thank You for Your Solidarity

Earlier this year, we reached out to you, our network and communities, for support. 

We had significant concerns about the Home Office’s failure to provide EU citizens living in the UK with an accessible and humane process for setting here after Brexit. 

As usual, the Home Office was all too comfortable with a plan of deportation and exclusion. We had particular concerns about people who may not have the mental capacity to make immigration decisions; including people with dementia, learning disabilities or difficulties, and mental health conditions.  

We believed tens of thousands of people to be ‘’at risk’ of being plunged into the hostile environment; losing their right to healthcare, support services and even deportation. 

Together with the 3 million and 33 migrant rights organisations we expressed our concerns to Priti Patel in writing. We heard nothing back. 

So, earlier this year we launched a Legal Challenge with Public Law Project and Garden Court Chambers.


Before our intervention the Home Office had barely considered this issue.  

After months of preparation, letter writing and legal work and before we had reached the courts, we have news. 

The Home Office has released new guidance which contains five pages of detail for its case workers. Significantly, this guidance confirms that those with impaired mental capacity will normally have reasonable grounds to make a late application- and won’t be subject to immigration enforcement. 

Our Legal Team at Public Law Project and Garden Court Chambers believes this guidance as ‘’comprehensive’’ and unlikely to have been brought about without our claim. 

Without our intervention, this issue would have been ignored. 

If you are a case worker or supporting someone through the EUSS you can download our briefing here

 Is this ‘’a win’’? 

The reality is, that while the Hostile environment still continues to wreck lives, there is no ‘’winning’’. 

Many lives will still be left in limbo unable to access services due to the confusion and chaos the hostile environment creates. 

Everyday there is a new news story showing us how EU citizens are being entangled into the hostile environment: EU citizens being held up in detention centres , a backlog of 320,000 people applying for the settlement scheme  and reports of EU citizens not being able to access health care

We will be monitoring the situation closely and will continue to speak out- holding the government to account. 

Thank you for taking action with us

Together, we are building power to fight the hostile environment while also caring for our communities. This work could not be done without you and your solidarity.

Thank you for our legal team Public Law Project and Garden Court Chambers  whose expertise has guided us throughout. 

Thank you to everyone who gave testimony and evidence for our case, including NRPF Network, ILPA, Age UK, and Social Workers Without Border

Thank you to our powerful community; network of grassroots volunteers, organisers, groups and organisations who do the work every day to speak out for dignity and justice.

And a huge thank you to all our supporters and Crowd Justice who helped us raise over £10,000 to fund this work!


Through our grassroots movement we continue to build the power of migrant communities to speak out. Our vision for Immigration Reform is built on humane principles of welcome, dignity and justice.  Join us in our call for humane immigration reform – add your name to our  Fair Immigration Reform Charter

Together, we are powerful. Together #SolidarityKnowsNoBorders