EUSS status granted in error is an issue affecting a growing number of EU Settlement Scheme applicants. The Home Office has confirmed that 1,473 people have been notified that their pre-settled status was granted in error.
The figure covers the period from the introduction of the EUSS in 2018 to 30 June 2026. The Government has also confirmed that these figures come from manual records and may therefore be revised.
This issue is particularly important for Brazilian nationals who hold Italian citizenship by descent, including those whose Italian citizenship was formally recognised or whose Italian passport was issued after Brexit.
Official source: UK Parliament – Home Office answer on EUSS status granted in error
What does “EUSS status granted in error” mean?
The Home Office may conclude that a person should not originally have been granted status under the EUSS.
This issue can arise, for example, when someone who previously received pre-settled status later applies for settled status, or where a family member makes an EUSS application relying on that person as the relevant EEA citizen.
Importantly, being notified that pre-settled status was “granted in error” does not itself immediately cancel that existing status. The Government has stated that a person can make a further EUSS application if they disagree with the Home Office’s position. If that application is refused, they can appeal to the First-tier Tribunal. UK Parliament
Where the further EUSS application is made before the existing pre-settled status expires, the Government says the individual continues to hold that status while the application, and any appeal against refusal, remains outstanding. UK Parliament
Read the Government’s explanation: UK Parliament – Written Question HL3399
EUSS Status Granted in Error: Why Are Italian Citizens by Descent Affected?
A particular issue has arisen for people who hold Italian citizenship by descent – jure sanguinis.
Some Brazilian nationals lived in the UK before 31 December 2020 using their Brazilian passports but only subsequently obtained formal recognition of their Italian citizenship and an Italian passport.
The Home Office has, in some cases, treated the later date of recognition or documentation as evidence that the individual was not an Italian citizen before 31 December 2020.
However, this raises an important legal distinction:
The date on which citizenship is formally recognised or documented is not necessarily the date on which citizenship was acquired.
This distinction can be crucial where the individual’s position under Italian nationality law is that they were an Italian citizen by descent from birth, notwithstanding that formal recognition or documentation occurred later.
Further reading: Free Movement – Home Office approach to EU citizenship and Italian nationals
Important Judicial Review development
There has now been an important development in Judicial Review proceedings concerning an Italian citizen affected by this issue.
The Consent Order dated 11 September 2026 records that, in light of an expert report concerning the effect of recognition of Italian citizenship under Italian law, the Home Office accepted that the claimant was an Italian citizen by descent on and before 31 December 2020.
The Home Office agreed to withdraw its decision that the claimant’s pre-settled status had been granted in error. It also agreed to withdraw its refusal of the claimant’s settled-status application and remake that decision. Consent-Order-redacted_Redacted…
This is clearly an important development.
However, it is equally important to understand what a Consent Order means.
A Consent Order generally records an agreement reached between the parties and approved by the Court. It is not the same as a reported judgment in which the Court has determined the disputed legal issues and established a binding precedent.
Therefore, the Consent Order should not be presented as a binding authority guaranteeing that every similar EUSS application or appeal will succeed.
Nevertheless, it provides an important indication of how properly prepared evidence of Italian nationality law can affect these cases.
Read the redacted Consent Order here (pdf)
Do you need an expert report on Italian nationality law?
The Upper Tribunal held in Hussein & Anor (Status of passports: foreign law) [2020] UKUT 250 (IAC) that foreign law, including nationality law, is a matter of evidence and should be proved through expert evidence directed specifically to the issue that needs to be determined.
This is particularly relevant to these EUSS cases.
Indeed, the Consent Order itself expressly records that the Home Office’s acceptance followed consideration of an expert report dated 6 August 2026 concerning the effect of recognition of Italian citizenship under Italian law.
An expert report may therefore be required from a suitably qualified Italian lawyer who has been properly instructed to address the particular nationality questions arising in the application or appeal.
However, an expert report may not be necessary in every case.
Where the relevant national authorities have already provided sufficiently clear and authoritative evidence addressing the citizenship points in dispute, including the legal effect and relevant date of citizenship, that evidence may be sufficient depending on the individual circumstances.
The question is therefore not simply whether the person has an Italian passport. Cases involving EUSS status granted in error require careful consideration of the person’s nationality history and the evidence establishing when citizenship arose.
Read the case: Hussein & Anor [2020] UKUT 250 (IAC) – Upper Tribunal decision
What if you are making a new settled status application?
If you are a Brazilian-Italian national considering an application for settled status, particular care should be taken if:
- you entered or initially lived in the UK using your Brazilian passport;
- your Italian citizenship was formally recognised after 31 December 2020;
- your Italian passport or ID card was issued after 31 December 2020; or
- the Home Office has previously questioned when you became an Italian citizen.
In these circumstances, it may be advisable to address the nationality issue when making the application, including obtaining an expert report where necessary.
Providing the appropriate evidence from the outset may help address the Home Office’s concerns before a refusal is made.
Pre-Settled Status EU Settlement Scheme | Stay UK Immigration
Settled Status EU Settlement Scheme | Stay UK Immigration
Have you received an EUSS refusal or “granted in error” notification?
Receiving a refusal or being told that your previous EUSS status was granted in error does not necessarily mean that the Home Office’s interpretation of your citizenship is correct.
The correct approach will depend upon your individual nationality history, the relevant foreign nationality law, your residence in the UK and the evidence available.
Where an EUSS application is refused, there may also be a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber).
Stay UK provides advice and representation in EU Settlement Scheme applications and immigration appeals before the First-tier Tribunal.
If your settled-status application has been refused, your previous EUSS status has been questioned, or you are concerned because your Italian or Portuguese passport was issued after Brexit, you can contact Stay UK for advice about your individual circumstances.