Italian Brazilians are among those affected by a British immigration policy that has become the target of a lawsuit in the United Kingdom. The case, filed with the High Court of Justice last Friday (6), challenges the government’s ability to allow residency permits granted after Brexit to expire, on the grounds that they were approved by mistake.
The lawsuit was filed by the3million, an organization that defends the rights of European Union citizens in the United Kingdom. The group argues that the British Interior Ministry, known as the Home Office, cannot withdraw previously recognized rights without a formal decision, an individual assessment and the possibility of appeal.
The controversy involves the EU Settlement Scheme (EUSS), a program created to protect the residency rights of European citizens and family members covered by the United Kingdom’s Withdrawal Agreement from the European Union.
The British government told Parliament that 1,473 people had been notified, as of June 30, 2026, that they had received so-called pre-settled status by mistake.
Brazilians recognized as Italian after Brexit
Among the cases identified by the3million are Brazilians who lived in the United Kingdom before December 31, 2020, the Brexit agreement’s reference deadline, but were only later able to complete recognition of Italian citizenship by descent.
Some of these cases were delayed during the Covid-19 pandemic.
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According to the organization, these people submitted Italian documents and received residency authorization through the EUSS. Years later, when applying to convert their temporary authorization into permanent residency, some were told that they were not considered European citizens on the required date.
The issue lies in the distinction between the recognition of a nationality and its acquisition.
In cases where Italian citizenship by blood is legally recognized from birth, the later issuance of a passport or certificate does not mean that the person became Italian only on that date.
This difference is central for Brazilians who were already considered Italian citizens under applicable law but were only able to formally prove that status after Brexit.
British government agrees to review Italian citizenship cases
In October 2026, the British Interior Ministry accepted that documents proving Italian citizenship ius sanguinis can demonstrate that the person was Italian from birth.
According to the3million, the government began reviewing decisions in which it had incorrectly determined that Italian citizenship had been acquired only after the Brexit deadline.
The change could benefit Brazilians who received notifications that their residency status had been granted by mistake.
This does not, however, mean that all cases will be automatically regularized.
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Recognition of Italian citizenship from birth does not waive compliance with the EUSS’s other requirements, including residency rules and the requirements applicable to each situation.
The administrative review also does not end the lawsuit, which challenges the general policy used by the government for cases involving authorizations considered improper.
