Late Applications to the EU Settlement Scheme

In August 2023 the Home Office altered the way they consider late applications to the EUSS.

The deadline for most applicants to apply to the EU Settlement Scheme was 30^th June 2021. 

Late applications to the scheme are permitted where the applicant is able to demonstrate that there are ‘reasonable grounds’ for applying late.

In August 2023 the Home Office changed the way they consider late applications to the EUSS. The approach became much more restrictive. The Home Office now consider whether there are ‘reasonable grounds’ for making a late application as a standalone initial issue. If they conclude that the ‘reasonable grounds’ test is met, the home office then move on to assess the relevant eligibility and suitability criteria. If the home office conclude that the ‘reasonable grounds’ element is not satisfied the application is rejected as invalid. There is no right of appeal if this happens. 

It is therefore essential that late applicants to the scheme take specialist advice to ensure that applications are prepared by experts in this area of law to give the application the best chance of success. Mistakes can be costly, with the only avenue of challenge being judicial review. 

To assess whether there are ‘reasonable grounds’ for making a late application the home office will consider why the applicant missed the deadline and if they have any justification for the delay in making the application. Strong documentary evidence is essential. 

All evidence and reasons must be carefully presented to the home office to demonstrate that the applicant satisfies the ‘reasonable grounds’ test. If the home office accept this, they will then move on to assessing eligibility and suitability.

If you have not yet applied to the EUSS your rights in the UK are not protected. You cannot access benefits, work or study in the UK. You should therefore apply as soon as possible to protect your position. Once you have applied, and if the home office accept your application as valid (i.e. if they accept you have reasonable grounds for applying late) you will be issued with a certificate of application. You can then access benefits, work and study until you receive a decision on your application.

If the application succeeds you will either receive settled or pre-settled status. You will receive settled status if you can prove you have lived in the UK for a continuous 5 year period. 

If you require advice and assistance with a late application to the EU Settlement Scheme please do not hesitate to contact our private immigration department. We provide bespoke expert advice at very competitive rates.