Can EU citizens still apply for EU Settlement Scheme?

The United Kingdom officially left the EU on 31 January 2020, after which it entered the so-called transition period until 31 December 2020. On 1 January 2021 the UK substantially changed its immigration rules.

In order to ensure that EU/EEA/Swiss nationals could remain in the UK, the Home Office introduced the EU Settlement Scheme (EUSS) in March 2019. The EUSS enabled EU/EEA/Swiss nationals and their dependants to apply either for pre-settled status (if they had been in the UK for less than 5 years) or settled status (if they had already been in the UK for 5 years or more)  before 1 January 2021.

The deadline to apply to the EUSS for most applicants was 30 June 2021. However, in some cases, a later deadline may apply and late applications may be considered by the UK Home Office. To be able to submit a later application, the applicant must either:

• Meet one of the criteria for a later deadline to apply. An example may be joining a family member in the UK who was living in the UK by 31 December 2020; or
• Have reasonable grounds for not applying by 30 June 2021. Reasonable grounds in this context may include a serious illness or no internet access.

If you are a family member of a person who currently holds pre-settled or settled status in the UK under EUSS and you wish to join them in the UK, you still can apply to the EUSS for an EUSS family permit.

Submitting an EUSS application, especially if it is considered to be late, can be complex, as it requires a strong justification for the missed deadline and documentary evidence to support it. Therefore, it is recommended that applicants seek advice from an immigration lawyer in these circumstances.

How Gherson can assist?

Gherson’s Immigration Team are highly experienced in advising on UK visa matters, including preparing and submitting EUSS applications. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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