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England and Wales decisions
Decisions matching the current search
The First-tier Tribunal dismissed an EUSS appeal after finding no evidence of the claimed family relationship or dependency needed for settled or pre-settled status.
The tribunal dismissed an EUSS appeal, finding the appellant had not proved five years’ continuous residence or an ongoing qualifying period of residence.
The Tribunal dismissed an EUSS appeal, finding the appellant did not prove his more-than-12-month absence from the UK was caused by COVID-19 or another important reason.
Fertre v Vale of White Horse District Council [2025] EWCA Civ 1057 (31 July 2025)
The Court of Appeal held that a French national with pre-settled status was not entitled to homelessness assistance under the Withdrawal Agreement.
The Appellant is not residing in the UK on the basis of the Withdrawal Agreement because her pre-settled status (PSS) is a domestic law status, not a right conferred by the Withdrawal Agreement. The Withdrawal Agreement preserves only existing EU law rights of residence, which require compliance with the conditions of the Citizens’ Rights Directive. The Appellant, being economically inactive and not meeting those conditions, does not have a right of residence protected by Article 23 of the Withdrawal Agreement. Therefore, she is not entitled to equal treatment or housing assistance under the…
Source excerpt
The Charter of Fundamental Rights, including Article 1 (dignity), applies to rights of residence under Article 13 of the Withdrawal Agreement as incorporated into UK law. The duty to ensure dignified conditions is directly effective, requires an individualised assessment, and is not satisfied by the mere existence of a statutory framework. The Secretary of State remains responsible for effective protection of these rights, and the facts established a breach of Article 1 (and, on the facts, also Article 3 ECHR).
Source excerpt
The Appellant was not residing on the basis of the Withdrawal Agreement at the time of her application for housing assistance, as pre-settled status confers conditional rights dependent on ongoing fulfilment of relevant conditions. Article 13(4) does not operate to expand the scope of rights conferred by pre-settled status beyond the conditions set out in Title II. Equal treatment under Article 23(1) applies only to those actually residing on the basis of the Agreement. The discrimination arising is indirect and capable of justification.
Source excerpt
Fertre v Vale of White Horse District Council [2024] EWHC 1754 (KB) (08 July 2024)
The High Court dismissed Ms Fertré’s appeal, holding that her pre-settled status did not make her entitled to housing assistance under Article 23 of the Withdrawal Agreement.
The Court of Appeal held that excluding pre-settled status holders from Universal Credit under regulation 9(3)(c)(i) was unlawful direct discrimination on nationality grounds.
Fratila & Anor v Secretary of State for Works and Pensions & Anor [2020] EWCA Civ 1741 (18 December 2020)
The Court of Appeal held that excluding EU nationals with pre-settled status from Universal Credit was unlawful nationality discrimination under Article 18 TFEU.
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