Court of Appeal: EU citizens with pre-settled status CAN claim benefits


The Court of Appeal has handed down a ruling that should, if not successfully appealed, make it easier for millions of EU citizens with pre-settled status to claim benefits. The case is Fratila and Tanase v Secretary of State for Work and Pensions [2020] EWCA Civ 1741. You may be eligible for a free extension to your visa. If you are eligible, your dependants (partner and children under the age of 18) could also get their visas extended for a year. You and your dependants will not have to pay the Immigration Health Surcharge. If your visa is due to expire after 31 March 2021, or you are changing employer, you cannot extend your visa for free. Find out more by contacting us. Claimants argued, “once an EU citizen is granted a right of residence in another member state, under the provisions of that state’s law, he/she is entitled to the same benefits as those to which a national of that state, also having such right of residence, would be entitled”.

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