EU citizens with pre-settled status denied automatic access to housing support in key Court of Appeal ruling

EU citizens holding pre-settled status in the UK are not automatically entitled to housing assistance unless they meet strict residency conditions, the Court of Appeal has ruled, drawing strong criticism from rights organisations.

The judgment in Fertre v Vale of White Horse District Council confirms that EU citizens who cannot satisfy the “right to reside” test will be treated differently from British citizens when seeking public housing support, despite having legal status under the EU Settlement Scheme (EUSS).

The court rejected arguments put forward by the3million — a leading grassroots group for EU citizens in the UK — that all beneficiaries of the Withdrawal Agreement should receive equal access to welfare support.

Legal setback for EU rights campaigners

the3million, an intervener in the case alongside Shelter, the AIRE Centre and others, expressed disappointment over the outcome, warning it could deepen hardship among vulnerable EU nationals.

“We are disappointed in the outcome of this crucial case, which had the potential to ensure that EU citizens and family members with pre-settled status would automatically be able to access welfare support, if they needed it,” the group said.

Their legal team had urged the court to refer the matter to the ECJ (European Court of Justice), citing cross-border significance for British citizens living in the EU. However, the Court of Appeal declined the referral. The claimant may still seek leave to appeal to the Supreme Court.

Due to legal precedent, the ruling will now bind lower courts, effectively shutting the door on similar legal challenges in the short term. “Unless this case is heard by the Supreme Court, it is unlikely that legal action alone will be sufficient to overturn these unfair policies,” the3million stated.

Policy changes signal potential progress

Despite the legal loss, the3million pointed to recent policy reforms secured through advocacy. From July 2025, the Home Office is changing the pathway to settled status — allowing those with 30 months’ UK residence in the past five years to qualify. This makes it easier for pre-settled status holders to secure permanent status and, with it, access to full welfare support.

Clause 42 of the Border Security, Asylum and Immigration Bill also marks a step forward. It aims to eliminate the distinction between EU citizens who had “qualifying” status (like workers or students) on 31 December 2020 and those who did not. While it does not abolish the right to reside test, it provides a broader scope for those in hardship to access welfare using EU Charter protections.

Future of the campaign

the3million explain they vow to continue campaigning for equal rights and dignity: “This isn’t the end of the road in challenging welfare injustice.”

As legal avenues narrow, pressure now shifts to Parliament and public advocacy to secure fair treatment for the estimated 2.2 million EU citizens still holding pre-settled status in the UK.

GOING FURTHER

• Pre-settled vs Settled status | THE3MILLION

• EU Settlement Scheme | HOME OFFICE

• Court of Appeal rules pre-settled status holders are not automatically eligible for housing assistance | THE3MILLION

Sources:

▪ This piece was first published in Europeans TODAY on 19 August 2025.

▪ Cover: AI-generated image.