Charter Rights & Treaty Rights

And little lambs eat ivy…

Does someone need to have taken advantage of their treaty rights to then take advantage of their charter rights a la AT?

I thought not but there’s been a bone of contention in the office today.

Gonna leave the detailed and better informed answer to Martin Williams if he happens to be passing by but I think the latest position, subject to DWP’s appeal from [2022] UKUT 330 (AAC), is this:

- yes the Charter applies to people exercising Treaty rights
- pre-settled status is a creature of European law even though the UK has unilaterally extended eligibility for it to those not exercising mainstream treaty rights
- therefore pre-settled status entitles one to rely on the Charter despite not having a mainstream right to reside
- but those without any right of residence at all, not even pre-settled status, cannot rely on the Charter to claim social assistance