Ross Kennedy analyses a case on pre-settled status and equal treatment rights for LexisNexis

24 August 2025

The Court of Appeal has confirmed that EU nationals with Pre-Settled Status are not automatically eligible for housing assistance, writes Ross Kennedy, Senior Client Manager at Vanessa Ganguin Immigration Law in a new case analysis for LexisNexis.

Article 23(1) of the Withdrawal Agreement guarantees equality of treatment for Union and British citizens residing in a relevant territory on the basis of the Withdrawal Agreement.

“The Court of Appeal confirmed that this only applies to people with directly enforceable rights under the Withdrawal Agreement (by meeting the specified conditions in that agreement) and not to all people with Pre-Settled Status (which is broader, although some people may have both),” writes Ross.

“The Court of Appeal held that the appellant was not residing on the basis of the Withdrawal Agreement as she did not meet the economic activity conditions, meaning she only held Pre-Settled Status under domestic rules and did not have enforceable EU residence rights or the guarantee of equal treatment.”

You can read the full article on the implications of Fertré v Vale of White Horse District Council (The3million Ltd Secretary of State for Housing Communities and Local Government; Independent Monitoring Authority for the Citizens’ Rights Agreements; Shelter, the National Campaign for Homeless People Ltd and The Aire Centre, intervening) [2025] EWCA Civ 1057 for Pre-Settled Status and equal treatment under Withdrawal Agreement in LexisNexis in the link below.