Settled but not safe? – We must continue to protect EU Citizens in Wales

Jenny Rathbone MS

Five years after Brexit, thousands of EU citizens who call Wales home still face the alarming risk of losing their rights.

This is not a distant technical issue buried in the complexities of immigration law. It is a human story – about families, workers, and communities who have contributed to Wales for decades, yet remain vulnerable because of flaws in the UK Government’s EU Settlement Scheme (EUSS).

The Senedd’s Equality and Social Justice Committee has monitored the EUSS since June 2021, publishing eight monitoring reports and two annual reports, and holding a Senedd debate to shine a light on these issues.

We have gathered evidence from experts, charities, and EU citizens themselves. We have pressed the Welsh Government on its role in raising awareness and providing support. We continue to call for long-term funding for advice services, because the need will not
disappear when this Senedd ends.

Our final report Settled but not safe? published today (Tuesday 25 November 2025) is the culmination of five years of work.

It is also a warning: if we do not act now, Wales risks becoming part of a second Windrush scandal.

When the UK left the European Union, freedom of movement ended. EU citizens who had lived here for years – some for most of their lives – were suddenly required to apply for permission to stay.

The EUSS was designed to provide that permission. But as our final report makes clear, the system has left too many people behind.

Since the scheme launched, more than 131,000 applications have been made from Wales, with over 113,000 successful outcomes. They represent 3.6% of our population. But the true number of people eligible to apply is unknown. Initial estimates suggested 95,000 – yet applications have already exceeded that figure.

People are still coming forward years after the deadline; there have been over 31,000 late applications from Wales since June 2021. It is entirely possible that we will still see applicants coming forward in 10, 20, or even 30 years’ time.

Echoes of Windrush

The consequences of failing to secure status are dire: loss of the right to work, rent a home, access benefits, healthcare, and education – and, in the worst cases, deportation.

We were repeatedly told how these risks echo the injustices of the Windrush scandal, where people who had every right to live in the UK were wrongly detained, denied services, and even removed from the country.

Like Windrush, the EUSS places the burden of proof on individuals. People must demonstrate residency; some of them have lived here for decades but have had trouble sourcing the necessary documentation.

For those who applied late or who struggle with digital systems, the evidentiary threshold is rising. This is not just a bureaucratic hurdle – it is a potential catastrophe for thousands of lives.

At risk

Evidence shows that the most vulnerable groups face the greatest barriers: older people, children in care, the Roma community, victims of domestic abuse, and those who are homeless or lack digital literacy.

The EUSS is the UK’s first digital-only immigration system. For many, that has meant exclusion from the start. Even for those who have secured their status, we heard many accounts of landlords, employers, and public services mistakenly denying access because they do not understand the system.

This lack of awareness is widespread and deeply damaging.

Data

First, the UK and Welsh Governments must work together. The Welsh Government needs access to Wales-specific data and a seat at the table when changes to the EUSS are considered. Without this, planning and support will remain inadequate.

Second, we need strategic, long-term funding for advice and awareness services. Short-term renewals are not enough. Organisations like Settled and the 3million have done extraordinary work, but they cannot shoulder this responsibility alone.

Third, we must target support towards vulnerable groups – those least likely to know they need to apply and least able to navigate a complex digital system. This includes proactive campaigns, community outreach, and practical assistance.

Finally, the next Senedd must keep this issue on the agenda. A future committee should continue our work and continue to hold the next Welsh Government to account.

No EU citizen in Wales should be left behind. This is not about politics. It is about fairness, justice, and humanity. EU citizens have enriched our communities, our economy, and our culture. They deserve security, not uncertainty. They deserve to feel settled – and safe.

On behalf of the Equality and Social Justice Committee, I urge both governments to act now. We cannot allow history to repeat itself. We cannot allow another Windrush. Wales must stand up for its EU citizens – today, tomorrow, and for as long as it takes.

Jenny Rathbone is the Chair of the Senedd’s Equality and Social Justice Committee.