the3million is ready to take the government to court to protect the right of EU citizens to be able to come back home to the UK while their immigration status is being decided. 

The problem

Millions of EU citizens made the UK their home before Brexit - working, studying, raising families and contributing to communities. Under the EU Settlement Scheme (EUSS), we were told our rights would be protected.

But today, that promise is being broken. 

Right now, almost 50,000 people are stuck in limbo - waiting, often for months or even years, for the Home Office to decide their EUSS applications. Over 9,000 of them had been waiting for more than four years for a decision. And almost 28,000 others are still waiting - often for years - for the outcome of a review of their EUSS decision. 

And if they leave the UK while waiting - even briefly, for a family emergency, a funeral, or work - they risk being refused re-entry while their case is still being processed.

They are effectively trapped. Unable to travel, afraid to leave, living in uncertainty over their future. 

One person waiting for the last three years told us: 

“I lost a parent last year and I was unable to pay my respects to them because I could not leave the country until the decision was made. No one should have to make the choice between their life in the UK and their family.”

Another, unable to travel for more than a year, shared:

“My mother is due to become a transplant donor in the coming weeks and she will no longer be able to care for my grandparents, who are both over 95 years old. I’m the only one who could help and my hands have been tied. 

This has been a deeply stressful and traumatic experience. There's no reason for such a long delay, my case is straightforward. I have nightmares all of the time. I dream that I'm back in Hungary and I realise I won't be able to return to the UK. I'm watching the plane leave and there's nothing I can do.”

A college staff member contacted us in distress about one of their students, waiting for the outcome of an EUSS Admin Review, who was refused entry back into the UK:

“They went home for specialist treatment during the Christmas break and were refused entry into the UK this month at Luton Airport. I have emailed the Border Force in Luton to argue the refusal of entry and they have yet to respond and there seems to be no avenues to resolve this. They are now not able to complete their Masters programme as a result.”

These are not isolated stories. They represent thousands of lives disrupted by unnecessary delays and unfair rules.

This is clearly wrong and unfair, and we believe it is unlawful.

Our legal challenge

We are launching a legal action to establish, once and for all, that EU citizens with a pending EUSS application are protected by the Withdrawal Agreement and have the right to travel and return to the UK while their application is being decided by the Home Office, with no additional proof being required of them by Border Control. 

We will challenge the government’s unlawful interpretation of the law. Right now, Border Officers are asking for additional proof from people when they are trying to enter the UK - requiring people to prove they were resident in the UK before 31st December 2020  or that they have a genuine relationship with their family members. If they’re unable to provide sufficient evidence on the spot, people are denied entry and can be forcefully removed, causing long-lasting trauma. 

In the case of visa nationals, airlines and other carriers are being told that these people do not even have permission to travel, denying them the chance to reach the UK border and prove their right to come home.

We are working with leading lawyers from the Public Law Project to bring this case before the courts - but we need your help to make it happen.

Why we need your support

Taking the government to court is expensive, but justice must not depend on wealth or privilege.  

As a not-for-profit organisation, the3million does not have resources dedicated to cover these costs, so we are reaching out to you to support this case. 

Your donations will go directly towards our own lawyers' fees, the costs risk associated with bringing litigation and court fees. 

If we win and the government covers our legal costs, then any unused funds will go towards the3million’s crucial work campaigning for migrants’ rights. The same would also apply for any unused funds in the event the case could not proceed.

We will be seeking a cost capping order to limit our exposure to pay the government’s costs if we are unsuccessful and we are also grateful to the Law for Change Fund for providing us with an indemnity towards the government’s costs. If we lose, your contributions will help cover the costs of our own lawyers (whose fees will be discounted) and any of the government’s legal costs that go beyond what is covered by the Law for Change indemnity.

Every contribution, large or small, helps us fight for the rights of thousands trapped in limbo. 

Our track record

the3million is the leading organisation representing EU citizens in the UK. Since 2016, we’ve been fighting for a fair, just and compassionate immigration system. We’ve been successful in several court cases and influenced policy through our campaigning, leading to significant changes to the EU Settlement Scheme. 

Stand with us 

This case isn’t just about the right to travel. It’s about fairness, family, and keeping the promises made to millions of us who built their lives here in good faith. 

⚖️ We have the law on our side. Now we need the resources to fight.

Join us. Donate today. Share this campaign. Help us defend the rights of EU citizens and uphold the rule of law in the UK.

*the3million uses ‘EU citizens’ as shorthand for EU, EEA and Swiss citizens who were resident in the UK before 31 December 2020, and their family members (of any nationality) with derived rights.

** These examples are for illustrative purposes only. They show the type of cases and personal circumstances our litigation will benefit from. Personal details are not attributed to already ongoing work.