The government has suffered a defeat in the Lords over the right of EU citizens lawfully residing in the UK after Brexit to have physical proof of their status.

The cross-party amendment, proposed by Liberal Democrat peer Lord Oates, was backed by a majority of 41 peers.

In total, 270 peers voted for the measures and 229 voted against them.

Lord Oates said EU citizens covered by the settled status scheme should have the right to a physical form of proof of status instead of only the digital proof proposed by the government.

He said the right to remain should also be based on eligibility and not forfeited by failing to meet an arbitrary deadline under a cut-off date in June 2021, which could lead to EU citizens being “criminalized” afterwards.

Without physical proof of right of residence, there was bound to be “confusion” and “anxiety”  for such people in their dealings with officials post-Brexit.

“In the real world, in respect of permanent residence, proof of immigration status is in physical documentation,” Lord Oates said. “That’s what people are used to.

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