WELSH, Alice orcid.org/0000-0002-5021-0466 (Accepted: 2025) Side-stepping international law on the sly:The secret severing of the EU Settlement Scheme from the Withdrawal Agreement. Journal of Immigration, Asylum and Nationality Law. ISSN: 1746-7632 (In Press)
Abstract
Which of the 6 million+ people residing in the UK on the basis of the Withdrawal Agreement has documentary confirmation that they are doing so? Well, astonishingly, the UK government’s position appears to be: none of them. The government is peeling away the guarantees offered by the Withdrawal Agreement from those registered with the EU Settlement Scheme (EUSS). In an effort to prevent a small group of people with ‘pre-settled status’ from temporarily claiming benefits, the government is now arguing that the EUSS is not evidence of Withdrawal Agreement residence status. This affects all 6 million+ EUSS status holders, denying them evidence of core WA rights. They therefore have no international legal protections against any future immigrant-hostile government stripping rights from people with EUSS status. This is a Windrush II scandal in the making. But it is eminently avoidable, should the current government take some simple steps now to recognise EUSS status as a Withdrawal Agreement residence status – which was the very reason given for requiring all EU citizens (and their family members) for registering in the first place.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | This is an author-produced version of the published paper. Uploaded in accordance with the University’s Research Publications and Open Access policy. |
Dates: |
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Institution: | The University of York |
Academic Units: | The University of York > Faculty of Social Sciences (York) > The York Law School |
Funding Information: | Funder Grant number ECONOMIC AND SOCIAL RESEARCH COUNCIL (ESRC) ES/S007385/1 |
Depositing User: | Pure (York) |
Date Deposited: | 25 Sep 2025 13:20 |
Last Modified: | 25 Sep 2025 13:20 |
Status: | In Press |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:232244 |
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Description: Severing EUSS from the WA O'Brien Welsh 10Sept2025
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