Thousands of EU citizens in Wales remain at risk of losing their rights, despite having lived in our country for years, due to failures in the EU Settlement Scheme (EUSS).
The Senedd’s Equality and Social Justice Committee has today published its final report on EUSS, and warns of injustices comparable to the Windrush scandal as people are still unaware they need to apply.
The report, Settled but not safe?, draws on approaching five years of monitoring and evidence gathering since the Committee was established in June 2021—the same month as the EUSS application deadline. It reveals profound concerns about the long-term consequences of the scheme, particularly for vulnerable groups - older people, children in care, the Roma community, victims of abuse, homeless individuals - and those unaware they need to apply.
The EUSS is the UK Government’s system which EU citizens must use to apply to stay in the UK after Brexit. More than 131,000 applications have been made from Wales, with over 113,000 successful outcomes.
Successful applicants now make up 3.6% of the Welsh population. Yet every year more people come forward, and the true number of people eligible to apply is unknown.
Chair of the Senedd’s Equality and Social Justice Committee, Jenny Rathbone MS, said:
“It is alarming that, five years on from Brexit, EU citizens in Wales still face the alarming risk of losing their rights. The consequences of not obtaining permission to stay is dire. As with the Windrush generation, people risk losing their rights to work, housing, benefits and education. and Some face deportation despite having lived here all their lives. We add our voice to the chorus of others sounding the alarm about the complexity of the system as people remain unaware that they need to apply.
“We hope a future Welsh Government will continue to proactively target support towards vulnerable groups who we know are likely to slip through the net and be unaware of the need to apply. We urge a future Senedd committee to continue our work, holding the Welsh Government to account so that no EU citizen in Wales is left behind.”
The report identifies four key concerns:
Lack of awareness and understanding – Many citizens, landlords, employers and public services still do not fully understand the EUSS, leading to mistaken denial of services even for those with status.
Complexity of the system – Frequent changes and digital-only processes have created barriers for vulnerable groups, particularly older people, children in care, victims of abuse, and those without digital literacy.
Echoes of the Windrush scandal – Proving residency and a lack of documentation were hallmarks of Windrush and are echoed in the EUSS. And like Windrush, the EUSS places the burden of proof on individuals to prove residency when they may not have the necessary documentation.
Insufficient data and transparency – The UK Government’s failure to routinely share Wales-specific data with the Welsh Government hampers effective support and planning.
The Committee calls for better cooperation between the UK and Welsh Governments, including long-term funding for support services, better data sharing, and continued scrutiny in the next Senedd.
Information about the Committee’s work and previous reports are available here
