Pre-Settled Status And Access To State Benefits

• Published date: 21 December 2021
• Subject Matter: Employment and HR, Immigration, Retirement, Superannuation & Pensions, General Immigration
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Ms Stefania Patuto

In the case of Fratila and another v Secretary of State for Work and Pensions [2021] UKSC 53, the Supreme Court determined whether individuals with Pre-Settled Status under the EU Settlement Scheme are required to have an additional 'right to reside' to access universal credit.

What is Pre-Settled Status?

Pre-Settled Status is a form of limited leave to remain under Appendix EU of the Immigration Rules. The main requirements for EEA nationals was residence in the UK prior to 31 December 2020 and continuous residence since.

Prior to the UK's exit from the EU, EEA nationals who lived in the UK were required to live in the UK in accordance with the Immigration (European Economic Area) Regulations 2016 ("the Regulations"). This included a requirement to live in the UK as a qualified person, for example, as a worker.

Background to the Appeal

Ms Fratila and Mr Tanase are Romanian...