Ministers have been forced to abandon plans to scrap EU free movement rules at midnight on October 31 amid fears the government will be sued, it was claimed today.

Home Secretary Priti Patel made clear last month that she wanted the arrangements - regarded as one of the main drivers of the 2016 Brexit referendum result - to end immediately after the UK leaves the bloc.

However, proposals to ditch the rules in one swoop have apparently been shelved after lawyers hired by the Home Office warned it could cause chaos.

According to the Sunday Times, ministers wanted to use the Immigration Bill to make the change, but realised it will not become law in time for the Halloween deadline.

They also considered using executive powers in the EU Withdrawal Act, but were informed that would open the government to legal action.

Free movement rules are believed to have been one of the main drivers of the Brexit vote in the 2016 referendum (file picture)

Home Secretary Priti Patel (pictured in Dover last month) made clear she wanted the arrangements to end immediately after Brexit

The government's Brexit war cabinet known as the XO committee was told last there was a 70 per cent chance of cases being lost.

A Whitehall source told the newspaper: 'The legal advice was that this would not be an appropriate use of the powers and there would have to be an affirmative vote in both houses of parliament for it to happen.'

There were also fears the courts could 'unwind' hundreds of other Brexit measures brought in using the same powers.

Instead, the government now hopes to dismantle freedom of movement rules piece by piece.

There could initially be a bar on EU nationals jailed for a year entering the UK.

Cabinet mininster Michael Gove today insisted freedom of movement rules would technically end on October 31, when the UK is legally due to stop being a member.

'As we understand it, yes. It's definitely going to end,' he told the BBC's Andrew Marr Show.

Mr Gove also played down complaints about the system for granting settled status to EU nationals already in the UK - amid complaints that people who have lived in the UK for decades are being turned down.

'I would politely push back on that. It is working well,' Mr Gove said.

'We have had one million people who have received settled status. And it is the case that everyone who is an EU citizen here should receive that settled status, and it will be a path to ensure that they can continue to live and work here.'

The Home Office said: 'Freedom of movement as it currently stands will end on October 31 and after Brexit the government will introduce a new, fairer immigration system that prioritises skills and what people can contribute to the UK, rather than where they came from.'