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Late applications under the EU Settlement Scheme

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  • USEFUL REFERENCE Late applications under the EU Settlement Scheme

    June 30th was the deadline for most people to apply under the EU Settlement Scheme. However, this deadline does not apply if:
    • You are a close family member of an EEA national, such as a parent/grandparent, child/grandchild, spouse/civil partner or unmarried partner and are living abroad;
    • You are a close family member who entered the UK on a family permit, in this case, you need to apply within three months of arrival;
    • You already have pre-settled status; you can continue to rely on that status till you become eligible for settled status

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.


  • #2
    What happens to those who missed the deadline?

    Pages 33-50 of the EUSS Guidance cover late applications.


    People who have missed the deadline must make a valid application either:

    Online: How to apply for settled or pre-settled status - UKCEN Citizenship and Residence for European Nationals and their families or


    On the relevant paper form: UKCEN Citizenship and Residence for European Nationals and their families

    If you missed the deadline, you need to set out the reasons why you failed to apply before the deadline.

    The updated application form asks those who are applying late, to pick one of the reasons from a rather long list.

    If none of them are applicable and you need to describe your own, there is an option under Compelling and compassionate grounds, to choose "other".
    Last edited by Site Admin; Yesterday, 10:24 AM. Reason: Updated page numbers for new guidance published in November

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3
      Special provisions for people with ILR, PR cards and valid residence cards

      There are special provisions for late applications for people with an existing documented status, such as:
      • Limited leave to remain, for example, someone who was previously a non EEA national on another visa;
      • Indefinite leave to remain, i.e. if you have an ILR stamp on your passport or another document, as shown here: Sample ILR documents, including a BRP issued under the Windrush Scheme;
      • A PR card; or
      • A valid residence card issue under the EEA Regulations (a BRC issued to a family member of an EU national).

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        If you have another kind of Indefinite Leave to Remain or Enter (ILR or ILE)

        If you have indefinite leave to enter or remain (ILE or ILR) , there is no requirement to apply to the EU Settlement Scheme. See: Sample ILR documents.
        Your ILR stamp or document remains valid proof of status in the UK.

        If you have a pink biometric card (BRP) stating Indefinite Leave to Remain (or Enter), including those issued under the Windrush Scheme, these remain valid until their expiry date.

        If you have ILR, you can still apply under the EUSS if you wish, for the following reasons:
        • Settled status does not lapse unless you are absent from the UK for 5 years, as oppose to 2 years as for the other kinds of ILR
        • It provides secure, digital evidence of your status, without the need to produce an old passport or letter; these documents can be easily lost or damaged.
        You can make a late application for settled status providing grounds for missing the 30 June 2021 deadline, for example, because you were not aware that you were eligible for the EU Settlement Scheme.

        Example from page 43 of the Guidance:

        Q is an EEA citizen who has been continuously resident in the UK since 1965. He was automatically granted indefinite leave to remain under the Immigration Act 1971. Q lives alone and has no internet access. He makes an application to the EU Settlement Scheme in October 2021 after his daughter points out him to that he is eligible for the scheme. These are reasonable grounds for Q missing the deadline applicable to him and now making a late application to the scheme.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          If you have a document issued under EEA Regulations, such as a PR card or residence card

          Individuals resident in the UK by the end of the transition period who have a biometric residence card (BRC), PR card, or another residence document issued under the EEA Regulations which remains valid may not be aware that, with the end of the grace period, they can no longer rely on that document and need to obtain status under the EU Settlement Scheme.

          If you have a valid document under EU rules, you can make a late application to the scheme after the 30 June 2021 deadline, for example, because you were not aware that you had to apply to the EU Settlement Scheme.

          You could still have acquired PR status during the grace period extending from 1 January to 30 June 2021 under virtue of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

          People who waited until they, or their sponsor family member, had acquired the status before applying to the EU Settlement Scheme, can normally use this argument as reasonable grounds for missing the 30 June 2021 deadline.

          Example from page 44 of the Guidance:

          R is the non-EEA citizen spouse of an EEA citizen who has been working in the UK since 2013. R and her husband have lived together in the UK since 2013. In 2019, R applied for and was issued a biometric residence card under the EEA Regulations, valid until 2029, as she had acquired the right of permanent residence in the UK as the family member of an EEA citizen. R was not aware that she needed to apply for status under the EU Settlement Scheme. R makes an application to the scheme in September 2021 after a friend alerted her to this. These are reasonable grounds for R missing the deadline applicable to her and now making a late application to the scheme.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            If you have another kind of Limited Leave to Remain or Enter

            If an EEA national or family member resident in the UK by the end of the transition period has another form of limited leave to enter or remain, which does not expire until after the 30 June 2021, for example, as a skilled worker, this would be reasonable grounds to make a late application to the EU Settlement Scheme.

            You can apply before your current visa expires.

            If you are granted settled or pre-settled status before your visa expires , your new status will replace that visa.

            You are not required to cut short your period of limited leave – on which, for example, your current access to public funds is based – by applying to the scheme before your current leave expires.

            You can make a late application to the scheme after your existing visa expires if there are reasonable grounds to have missed the deadline of that expiry date.

            If your visa expired in the three months preceding the 30 June 2021 deadline, this will normally constitute reasonable grounds for a late application within a reasonable period thereafter.

            All late applications based on previous visas will require official evidence from you of your previous visa.

            This is more likely to apply to non EEA nationals who are family members of an EEA national or to those who were previously non EEA nationals.

            Example from page 42 of the Guidance:

            P is now an EEA citizen who, when he was previously a non-EEA citizen, was granted limited leave to remain as a skilled worker under the Immigration Rules in 2018, which expired in July 2021. He was not aware that he was eligible to apply to the EU Settlement Scheme before the expiry of that leave. P makes an application to the scheme in September 2021 after a friend alerted him to this. These are reasonable grounds for P missing the deadline applicable to him and now making a late application to the scheme.

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

            Comment


            • #7
              There are further provisions for late applications for:

              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

              Comment


              • #8
                The government has announced temporary protection for EEA nationals and their family members making a late application under the EUSS: Temporary protection for late applicants to the EUSS - UKCEN Citizenship and Residence for European Nationals and their families

                This protection will be in place while their applications are in progress, including any appeals.

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  Support for late applicants

                  Assisted Digital

                  Free help if do not have internet access, skills or confidence to complete the online application form. Available over the phone and in person.

                  Text the word “VISA” to 07537 416944.

                  visa@we-are-digital.co.uk

                  Telephone: 03333 445 675, Monday to Friday, 9am to 6pm. Find out about call charges

                  Get help with your online Home Office application - GOV.UK

                  This service does not offer immigration advice, nor can you check the progress of an application already made.


                  ID document scanning service

                  You can use this service to verify your identity if you do not have access to the EU Exit app.

                  There may be an administrative fee to use this service.

                  To check availability of this service and for more information, visit GOV.UK.

                  I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment


                  • #10
                    Support for vulnerable people making a late application: LATE APPLICATIONS - Support for vulnerable people - UKCEN Citizenship and Residence for European Nationals and their families

                    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                    Comment

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