EU Settlement Scheme Late Applications

EEA citizens who were resident in the UK by 31 December 2020 were able to make an initial application to the EU Settlement Scheme for Settled or Pre-Settled Status. The deadline for such applications was 30 June 2021. Whilst this deadline has now passed, late applications may be permitted in certain circumstances.

Deadlines for applying to the EU Settlement Scheme

The main deadline for most applications to the EU Settlement Scheme (EUSS) was 30 June 2021. In some circumstances, the deadline is later, for example:

The deadline does not apply to individuals who already have Pre-Settled Status and are yet to apply for Settled Status.
The joining family members of a relevant EEA citizen may continue to apply for an EUSS Family Permit. The EEA citizen must have been living in the UK prior to 31 December 2020 and their relationship must have existed prior to this date.
The specified spouse or civil partner of a Swiss citizen where the marriage or civil partnership was conducted between 31 December 2020 and 1 January 2026. The applicant must have arrived in the UK on or after 1 April 2021, and would need to apply for Pre-Settled Status within three months of their arrival. The last date for making an application on this basis is 1 January 2026.

Other circumstances that may permit a later deadline include where the applicant had existing leave to enter or remain, the applicant has a historic five-year qualifying period, and for children born in the UK after 1 April 2021 to a relevant sponsor.

Late applications to the EU Settlement Scheme

In cases where the deadline of 30 June 2021 applies, there may still be scope for making a late application.

The Home Office has published guidance on making a late application and have stated that they “will take a flexible and pragmatic approach to accepting late applications and will look for reasons to grant applications, not to refuse them”.

Examples of reasonable grounds for making a late application may include:

the parent, guardian, or local authority has failed to apply on behalf of a child;
the person has a serious medical condition or was undergoing significant medical treatment;
the person lacks physical or mental capacity;
the person was in an abusive or controlling relationship or situation; or
the person has served or is serving a prison sentence.

Over time, the Home Office has severely limited the circumstances in which they may consider a late application.

A restrictive approach

What constituted a ‘reasonable excuse’ for making a late EUSS application became a validity requirement instead of an eligibility requirement in August 2023. This means that whether an applicant has a ‘reasonable excuse’ for a late application is assessed as a preliminary issue, regardless of the application’s merits. We previously covered these changes here.

This change means that individuals must now prove to the Home Office, on the balance of probabilities, and based on the information and objectively verifiable evidence, the reasons for their late application, which is a much more restrictive approach. The more time that has elapsed since the relevant deadline, the harder this will be. A non-exhaustive list of reasonable grounds is provided in the Home Office guidance.

This change has had very significant practical consequences for late applicants, as:

applicants will not receive a Certificate of Application (CoA) until after the Home Office have decided there are reasonable grounds for a late application; and
if the Home Office does not consider that the grounds for a late application are reasonable, they will reject the application as invalid, rather than refusing it. This means the applicant will not have a right of appeal or administrative review.

In January 2024, further changes affecting late applications was published. Where an individual had a ‘reasonable belief’ that they did not need to apply under the EUSS, or where there is a ‘reasonable basis’ for being unaware that they had to do so, this could constitute a ‘reasonable ground’ for applying late. This change is positive news for some applicants. It is especially relevant to those holding EEA Permanent Residence documentation who were unaware that they were required to apply under the EUSS on the belief that they were already settled in the UK. This situation has been far more common in practice than was originally expected.

This type of application tends to be complex. It is crucial that individuals wishing to make a late application to the EUSS seek support from an immigration solicitor specialising in late EUSS applications.

Late applications to the EU Settlement Scheme: How our Immigration Solicitors can help

Our immigration solicitors are experienced in advising EEA citizens and their family members on applications to the EUSS.

If you need legal advice and assistance, please contact us or complete our enquiry form below.

More EU Settlement Scheme Late Applications FAQs

Are there grounds that are not considered reasonable for the delay in making an application?

The Home Office guidance has provided examples of circumstances that will not generally be accepted as reasonable grounds for a delay in making an application, including where:

the applicant was hampered in accessing the support available to apply due to restrictions associated with the COVID-19 pandemic; and
the applicant overlooked the need to apply before the 30 June 2021 deadline, or they failed to apply by the deadline due to general personal circumstances such as work or study commitments.

However, it is important to bear in mind that each application will be considered in light of its own particular circumstances and the evidence provided. We recommend contacting us for advice on the prospects of making an application.

What can I do if my late application to the EU Settlement Scheme is rejected as invalid?

If the Home Office considers that an application does not have reasonable grounds for being made followed the relevant deadline, it will be rejected as invalid, rather than refused. As such, the only remedy for challenging the rejection would be to initiate Judicial Review proceedings. Judicial Review is a form of legal proceedings and can be complex and costly. As such, we recommend contacting us in the first instance for advice on your options following a rejection.