EU Settlement Scheme Applications

Although the main application deadline was 30 June 2021, applications can still be made in certain circumstances, including late applications where there are reasonable grounds for the delay, applications for settled status and applications by certain eligible family members.

Overview

The EU Settlement Scheme remains relevant to people who:

• Missed the deadline but may have reasonable grounds for making a late application;
• Hold pre-settled status and may now qualify for settled status; or
• Qualify as an eligible family member under the Scheme.

Eligibility depends on the applicant’s individual circumstances, residence history and, where relevant, their relationship with a qualifying family member.

Late Applications

A person who missed the applicable EUSS deadline may still be able to apply if they can show reasonable grounds for the delay.

The Home Office will consider the reasons for not applying by the original deadline and the reasons for any continuing delay afterwards.

Examples may include circumstances involving:

• A child whose parent or guardian did not apply for them;
• Serious illness or significant medical treatment;
• Lack of physical or mental capacity;
• Domestic abuse or a controlling relationship;
• Significant care or support needs; or
• Other compelling practical or compassionate circumstances.

The reasons and supporting evidence will depend on the individual case.

From Pre-Settled to Settled Status

A person with pre-settled status may qualify for settled status once they meet the relevant continuous residence requirements.

The Home Office now automatically converts some eligible pre-settled status holders to settled status where available government records confirm that they qualify.

However, not everyone can be converted automatically. Pre-settled status holders can normally apply for settled status themselves once they become eligible rather than waiting for automatic conversion.

Where the Home Office cannot automatically confirm eligibility, additional evidence of residence may be required.

Family Members

Certain eligible family members can still apply under the EU Settlement Scheme.

This can include some joining family members of EU, EEA or Swiss citizens with EUSS status.

The requirements depend on the particular family relationship, when that relationship began and the status and circumstances of the qualifying family member.

The position should therefore be checked carefully before an application is made.

Evidence

Depending on the type of application, evidence may include:

• Proof of identity and nationality;
• Evidence of residence in the UK;
• Evidence supporting the reasons for a late application;
• Evidence of the qualifying family relationship; and
• Other documents relevant to the applicant’s individual circumstances.

The Home Office can use government records to check some periods of residence, but additional documents may be required where those records do not provide enough information.

How It Works

1. Assessing your EUSS position. We review your immigration and residence history to identify whether you may qualify for a late application, settled status or an application as a family member.
2. Residence evidence. Where additional evidence is required, we help identify appropriate documents to demonstrate the relevant period of residence.
3. Late applications. For late applications, we assess the reasons for the delay and prepare the supporting evidence and representations explaining why reasonable grounds exist.
4. Refusals and appeals. Where an EUSS application has been refused, we can review the decision and advise on whether a right of appeal arises and the appropriate next steps.

How Bekenbey Solicitors Can Help

The EU Settlement Scheme has changed considerably since it was introduced, particularly in relation to late applications and the conversion of pre-settled status to settled status.

Our immigration team can assess your current position, advise you on the appropriate EUSS application and assist with preparing the necessary evidence and representations.

If your application has been refused, we can also advise you on your appeal rights and the available next steps.

This article provides general information only and does not constitute legal advice. Immigration law and Home Office policy are subject to change, and individual advice should be obtained before making an application.