On 16 January 2024, the Home Office implemented revised guidance for Home Office caseworkers dealing with late EUSS applications. The updated information may be beneficial for some late applicants, such as those holding EEA Residence documentation who failed to make an application before the deadline (30 June 2021). The newly amended guidance has introduced a degree of flexibility and makes new concessions on reasonable grounds for late applications. Dual UK/Spain qualified solicitor Carla Mirallas Martinez, our expert in complex EUSS applications, explores the latest position.
The changes introduced in January 2024 came after the rules on late applications were severely restricted on 09 August 2023.
Changes in August 2023
From August 2023, what constituted a “reasonable excuse” for making a late EUSS application became a validity requirement instead of an eligibility requirement. This meant that whether an applicant had a “reasonable excuse” for a late application was assessed as a preliminary issue, regardless of the application’s merits. If the Home Office rejected the application as invalid, there was no right of appeal or administrative review. We previously covered these changes here.
In addition, the August 2023 guidance introduced a new heading named ‘Circumstances which will not generally constitute reasonable grounds for delay in making an application’. This was not present in previous versions of the guidance. This section applied to cases where an individual was unaware of the need to apply to the EUSS. The requirements were highly restrictive, so much so that we have seen many eligible individuals falling through the cracks.
Changes in January 2024
The newly amended January 2024 guidance introduces some more flexibility. It states that where the person had a “reasonable belief” that they did not need to apply, 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.
The guidance also states that once the individual has become aware of the need to make the application, they must make it without further delay. A range of factors are set out which can be considered but these need to be “based on credible information and supporting evidence”.
Important considerations for late applications
It is crucial that late applications are supported by solid and well-prepared evidence justifying the delay.
When preparing the application, it is important that applicants understand the deadline that was applicable to them because there were different deadlines depending on different circumstances. The application should contain robust evidence demonstrating the reasons for missing the deadline.
It is important to remember that the eligibility of certain individuals (i.e., those holding an EEA Permanent Residence document) is, by itself, a strong reason that justifies the delay. It would be incredibly difficult to understand how those individuals would deliberately put themselves in a position in which they could lose their right to remain in the UK, if it was not because they were unaware that they needed to apply.
Although this is a positive development, the position is still far from ideal. Many individuals, particularly the highly vulnerable, may find themselves struggling to make a late EUSS application despite the number of years they may have been living in the UK.
How our immigration solicitors can help
Our team of solicitors are highly experienced in preparing late EUSS applications. We can provide expert guidance and assistance to you throughout the process. If you require legal assistance, please contact us or complete the enquiry form below.
