The British government's initiative permitting EU nationals to stay post-Brexit faces potential disruption, legal analysts cautioned, after a series of conflicting judgments concerning social welfare eligibility for French and Slovenian citizens as well as relatives of a Spanish woman residing in Britain.
In May, one county court judge ruled against Islington council's decision to revoke emergency housing rights from an unemployed Slovene software engineer due to the pandemic-induced job loss. However, another case heard in May saw Oldham council found liable on behran of a mother with a Spanish daughter living in the UK, granting her access to social welfare.
On July 8th, High Court Judge Justice Robert Jay dismissed a case for a French citizen suffering from health issues and seeking housing assistance. The woman had relocated to the UK in November 2020 due to her mother's condition. Despite obtaining pre-settled status by the Home Office prior to deadline extension, she encountered obstacles securing employment as well as social welfare.
By December 2023, the woman had deteriorating health and was hospitalized under mental health legislation in January of the following year. In March, she moved into "step-down" accommodations intended for individuals discharged from psychiatric care but not yet ready to live independently. A subsequent housing request by her further led to rejection by Islington council.
The court ruled in favor of the council and Justice Jay expressed that pre-settled status (PSS) does not grant unrestricted access to all rights under UK immigration law, but only for visa-free travel purposes. He stated that Article 18(1) of the withdrawal agreement is difficult to define due to its ambiguity and complexity.
University of York law professor Charlotte O'Brien expressed concern over these rulings, stating they could potentially impact vulnerable EU nationals in similar ways as the Windrush case did years ago. She emphasized that without intervention from the government, it may take several years for a definitive court decision on this matter, but Home Secretary Sajid Javid indicated he could resolve the issue quickly through a statutous instrument.
Catherine Barnard of Cambridge University warned against confusion caused by these rulings and potential inconsistencies in benefit applications due to lack of clarity surrounding EU nationals' rights under current legislation. A spokesperson for the Home Office suggested there might be room for review, emphasizing that social welfare eligibility is already available to those with pre-settled status from free movement rules as established by previous administrations.
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