The EU Settlement Scheme (EUSS) provides a basis, for resident EEA and Swiss citizens and their family members to apply for the UK immigration status which they will require in order to remain in the UK. It is open to resident EU, EEA and Swiss citizens and their family members who started living in the UK by 31 December 2020. The deadline for most people to apply for pre-settled or settled status under the EU Settlement Scheme was 30 June 2021. The Home Office will continue to accept applications from individuals with ‘reasonable grounds’ for having missed the EUSS cut-off point.
The EU Settlement Scheme (EUSS) provides a basis, for resident EEA and Swiss citizens and their family members to apply for the UK immigration status which they will require in order to remain in the UK. It is open to resident EU, EEA and Swiss citizens and their family members who started living in the UK by 31 December 2020. The deadline for most people to apply for pre-settled or settled status under the EU Settlement Scheme was 30 June 2021. The Home Office will continue to accept applications from individuals with ‘reasonable grounds’ for having missed the EUSS cut-off point.
Eligible persons who have completed a continuous 5 year period of qualifying residence in the UK are granted indefinite leave to remain in the UK, also known as Settled Status.
If you demonstrate 5 years’ continuous residence in the UK as an EEA national or as a family member of an EEA national, you can apply for settled status under the EU settlement scheme (EUSS). You may want to speak to Adam Bernard Solicitors for expert advice. Settled Status allows you to stay in the UK indefinitely.
To get settled status you need to show that you have lived in the UK, the Channel Islands or the Isle of Man for at least 6 months in every 12 months during a consecutive 5year period. However, there are some exceptions to this requirement such as: A single period of up to 12 months for reason such as childbirth, serious illness, study, vocational training or an overseas work posting.
You can apply for pre-settled status under the EU settlement scheme (EUSS) if you do not have 5 years’ continuous residence as an EEA national or a family member of an EEA national. Pre-settled status is granted for a period of 5 years.
If you have failed to make either Settled or Pre-Settled Status by the deadline, then you may still be able to apply if there are reasonable grounds for making a late application. The Home Office has provided a non-exhaustive list of examples about what might constitute a ‘reasonable ground’ for having missed the deadline.
The Home Office have published case worker guidance provides a non-exhaustive list of what could be considered as ‘reasonable grounds’ for late applications. Some of the reasons that can be relied on include:
The guidance further specifies that a person being “unaware of the requirements to apply to the EU Settlement Scheme” may rely on this as a reason for a late application.
For those with alternative types of limited leave to remain in the UK, they can apply to the Scheme any time after their limited leave expires so long as they have reasonable grounds for applying late in line with the overall guidance. Those with indefinite leave do not need to apply to the Scheme but there may come a point in time that they want to do so to acquire the additional rights that come attached to settled status. They can apply late to the scheme so long as they demonstrate reasonable grounds for missing the deadline in line with the guidance.
You will need to provide evidence if you believe that you or someone you know didn’t have the physical or mental capacity to apply to the EUSS before the deadline
Although the deadline was 30 June 2021, the Scheme is not due to fully close on that date. The Home Office will keep it open for years to come for those making late applications and for those with pre-settled status to apply for settled status. Those with pre settled status will have different deadlines depending on the expiry of their pre settled status. The family member of EEA nationals arriving in the UK on or after 1 April 2021, are legally required to apply for Settled Status within 3 months of arrival.
The late application grounds provided by the Home Office are also applicable to the those who miss their personal deadline to upgrade to settled status in the years to come.
If you were a spouse, durable partner or civil partner of a relevant EEA citizen
before the specified date
and the relationship continues to exist your may apply for pre settled status.
A child under 21 of the EEA citizens or of the spouse or civil partner and the family relationship existed before the specified date can apply for pre-settled status under the EU Settlement Scheme (EUSS). A dependent child over 21 of the relevant EEA citizen or of the spouse or civil partner can also apply for pre-settled status under the EU Settlement Scheme (EUSS) if the family relationship existed before the 31 December 2020. The applicants in both cases must be the direct descendant of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner, and this includes a grandchild or great-grandchild.
If you have a biometric residence card and didn’t know you could no longer rely on this to remain in the UK you may be able to submit a late application. You will need to explain why you thought you could still rely on your other documents and why you didn’t apply before the deadline. This is recognised as one of the ‘reasonable grounds’ for a late application as referred to in the guidance.
The Home Office will contact individuals to request additional information or evidence where required. It is important that you respond to any such requests, if you fail to do so the Home Office will decide the application based on the information they have, which, if not enough, may lead to a refusal of the application.
If the reasons provided are not accepted by the Home Office, the application will be refused on eligibility grounds and a letter explaining why the reasons were not accepted will be provided. The EU citizen will need to seek an administrative review of that decision or appeal against it. If your application is refused, you should contact Adam Bernard Solicitors immediately.
