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卫报

“我们一切都是按规矩办的”:英国政府取消脱欧后居留身份后,欧盟公民陷入困境‘We’ve done everything by the book’: EU citizens left in limbo after UK government strips post-Brexit residency status

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正面临法律诉讼,原因是一项极具争议的政策:英国政府以“错误”授予身份为由,剥夺了英国脱欧前就在英国居住的欧盟公民的居留权。

is facing legal action over a controversial policy to strip EU citizens who were in the UK before Brexit of their residency rights on the grounds that it gave them the status “in error”.

此前,英国内政部的一位大臣透露,政府已联系了1473名拥有脱欧后居留权的公民,告知他们最初授予其居留权的决定是错误的。

It comes as a Home Office minister revealed that the government has contacted 1,473 citizens with post-Brexit residency rights to tell them the original decision to grant them residency was made in error.

维权组织“the3million”已知晓至少50起此类案件,并已通知英国内政部,正寻求对该政策进行司法审查。这项政策于2025年底实施,但直到最近才被曝光。

The campaign group the3million, which is aware of at least 50 cases, has put the Home Office on notice that it is seeking judicial review of the policy, which it enacted in late 2025 but has only recently come to light.

该组织在向支持者筹集诉讼资金的呼吁中表示:“在许多情况下,内政部声称存在错误实际上是错误的。因此,那些身份被合法授予的人现在正努力抗争以保住身份——这显然违反了脱欧协议。”

“In many cases, the Home Office is actually wrong to say there was a mistake. So people whose status was properly granted are now fighting not to lose it – this is a clear breach of the withdrawal agreement,” it said in an appeal to supporters to fund their case.

一些收到通知的人被告知,他们没有资格获得预定居或定居身份,因为他们在最初申请时没有提交护照。

Some of those who received notice were told they were not entitled to pre-settled or settled status because they did not submit passports with their original application.

这其中包括一群巴西人以及其他出生时即拥有意大利双重国籍的人,但内政部声称他们在申请脱欧定居身份时并非意大利公民。

This includes a group of Brazilians and others with dual Italian nationality by birth but who the Home Office claimed were not Italian at the time of their Brexit settled status applications.

其中一人是一名33岁的意大利工程师,他自2018年为攻读博士学位来到伦敦以来一直居住在此,目前拥有“定居身份”,即居住满五年后获得的永久居留权。

Among them is a 33-year-old Italian engineer who has been in London since 2018, when he arrived for a PhD, and now has “settled status” – permanent residency granted after five years.

由于内政部所谓的失误,他面临失去脱欧协议赋予的与妻子共同生活的权利,这让他收到信件时感到压力巨大。

As a consequence of the alleged Home Office error, he stands to lose withdrawal agreement rights to have his wife living with him, causing him great stress when he received the letter.

“这对我们俩来说都是毁灭性的打击。我们在这里生活了很长时间。我们一切都按规定行事,一直觉得这里非常欢迎我们,我也一直认为这是一个我可以发展事业的地方,”法比奥(化名)上个月告诉《卫报》。

As a consequence of the alleged Home Office error, he stands to lose withdrawal agreement rights to have his wife living with him, causing him great stress when he received the letter. “It was quite devastating for both of us. We have been here for a long time. We have done everything by the book, and we’ve always felt very welcome here and I always thought this is somewhere I could grow my career,” Fabio (not his real name) told the Guardian last month.

另一位在英国国家医疗服务体系(NHS)工作并正在攻读博士学位的女性也收到了类似的错误通知,她表示自己的生活因此彻底被颠覆了:“我可能会失去工作;甚至可能没有权利继续租用我现在居住的房屋,因为必须向房东证明自己有居住的资格才能继续租住那里。”

Another woman working in the NHS and researching a PhD, who also received the “error” notification, said her life had been turned upside down. “I can lose my job, I maybe don’t have the right even to rent the property that I’m living in now, because of course I have to prove my right to live here to the landlord to rent a place,” she said.

英国内政部表示,那些被错误地授予“预先定居身份”(pre-settled status)的人“并非‘退出协议’的受益者”,但如果他们能够提供相反的证据,仍可以提出申诉。

The Home Office said those granted pre settled status in error were “not withdrawal agreement beneficiaries” but could provide evidence to the contrary if they had it.

该部门还指出:“被错误地授予‘预先定居身份’的人可以再次提交有效的申请(EUSS申请);如果申请被拒绝,他们仍有权提出上诉。”

“A person granted PSS in error can also make a further valid application to the EUSS which, if refused, will give rise to a right of appeal,” it said.

最近,英国内政部承认在某起上诉案件中犯了错误,并同意撤销其关于该申请人“预先定居身份”是“错误授予”的决定;同时,也承认:在脱欧后收到意大利护照并不意味着该申请人的意大利国籍就此生效。

The Home Office recently conceded it was wrong in one case that was taken to an administrative court. It agreed to withdraw its decision that the claimant’s pre-settled status had been “granted in error”, and that the receipt of a physical Italian passport after Brexit was not the date at which her Italian citizenship started.

对于法比奥来说,这个案例带来了希望,但最终的司法审查结果将为所有处于类似情况的人提供明确的答案。他说:“尽管我们抱有希望,但我们仍处于不确定的状态——因为上诉程序尚未完成,而且内政部尚未就他们承认错误的事实与我们进行任何沟通。”他还担心,内政部可能会继续通过昂贵的法律诉讼来解决这个问题,这可能会让他们承担超过5000英镑的诉讼费用。

For Fabio, the case gives hope but the judicial review would give a determination for everyone in his situation. “Despite being hopeful, we are still in a limbo as we started an appeal process and haven’t received any communication from the Home Office regarding the fact that they are now conceding their mistake,” he said. He said he was concerned they would have continue with a costly court case to resolve the matter which could leave them with a bill of more than £5,000.