The government and the European commission insist that the UK departs the EEA at the moment it leaves the EU.
One of the barristers involved in the fresh claim, S Chelvan, of No5 Barristers Chambers, told The Guardian: “We are seeking a declaration that the UK cannot withdraw from the EEA without the approval of HM Treasury and an act of Parliament.
“These are ordinary working men and women who have decided to make their futures in the UK and wish the UK to be their permanent home. One has mixed nationality, one is a non-EEA national but married to an EEA national. We are trying to highlight the various types of people who will be left in a state of limbo following our withdrawal from the EU.”
The Supreme Court is set to rule next month on a Government appeal against a High Court judgment that Parliament must have the final say on invoking Article 50 which formally begins the withdrawal process.
Prime Minister Theresa May has said she wants to trigger Article 50 by the end of next March.