I feel like that is a bit pedantic. They can stay if they apply - which is completely fair. But yes, they’re affected by having to apply - or if they’re dumb cunts by not following the rules.
Imagine being a Brexiteer ex-pat in Spain and not applying for fast-track right to remain. Effectively voting for your own deportation.
I wonder if cost had anything to do with this? Not being able to afford lawyer fees or whatever.