The Home Office Gets Tough On Late Applications For EU Settled Status In The UK

An Extra Hurdle For EU Citizens Applying For EU Settled Status In The UK After Brexit

Brexit happened three years ago in December 2020. EU citizens and their family members living in the UK before Brexit had to apply to confirm their status in the UK by 30 June 2021. At first the Home Office were fairly laid-back about late applicants but no more. Since last August, those who apply late for EU Settled Status must show they have ‘reasonable grounds’ for missing the 2021 deadline.

One of the reasons for this clampdown is that, when someone applies for status under EU scheme, they are issued with a ‘Certificate of Application’. This gives them the right to live and work in the UK while they are waiting for a decision. Some EU citizens have been arriving in the UK with no hope of obtaining legal immigration status under the EU scheme. They still apply and, while waiting for the decision, they are able to live, work and rent in the UK in addition to using the NHS. Sometimes failed applicants make further applications. The Home Office has decided these are ‘speculative and abusive’ applications.

Reasonable Grounds For Delay

Anyone applying now for status under the EU scheme must first prove they have reasonable grounds (good reason) for not applying before June 2021. If they cannot prove this, their application will be refused. Good reasons might be: 

• The applicant already has proof of legal status before Brexit (so did not realise they had to make another application)
• Children whose parents did not make an application for them (including if the child is now an adult)
• The applicant has physical or mental capacity and/or care support needs
• The applicant has been in an abusive or controlling relationship
• The applicant has been in prison

Other Reasons For Delay

There are also some other factors which will be taken into account if there is credible evidence to support them:

• The person is a first-time applicant to the EU Settlement Scheme with a residence document issued under the EEA Regulations, indefinite leave to enter or remain under another route or long continuous UK residence identified by the automated checks of tax and benefits records
• Has an EEA national spouse, civil partner or durable partner or other close family member or members who applied in-time to the scheme, but believed that they could rely on a residence document issued under the EEA Regulations
• Has a compliant positive immigration history
• Has received incorrect advice from an employer or landlord since the end of the grace period on 30 June 2021 as to their right to work or rent in the UK without EU Settlement Scheme status
• Has travelled in and out of the UK since 30 June 2021 without being signposted to the scheme

The number of refusals of late EU Settled Status applications has risen. If you genuinely have the right to live in the UK as an EU citizen and have not yet applied for pre-settled or settled status, apply now and make sure you show you have a good reason why you missed the deadline.