Can I still apply for Pre-Settled Status under the EU Settlement Scheme?

Generally, Pre-Settled Status is granted to eligible EEA nationals who had been living in the UK for less than 5 continuous years by 31 December 2020. The deadline to apply to for Pre-Settled Status was 30 June 2021.

Although this deadline has now passed, it may still be possible to obtain Pre-Settled Status.

Current Home Office guidance provides the following non-exhaustive list of ‘reasonable grounds’ that might justify a late application:

• A parent or guardian failed to apply on behalf of a child under the age of 18;
• Lacking the physical or mental capacity to apply;
• An illness (including COVID-19) or accident which meant that the person was hospitalised or bedbound or unable to perform day-to-day tasks;
• A person was prevented from applying because they may be a victim of modern slavery;
• A person was prevented from applying because they are or were a victim of domestic violence or abuse or were otherwise in a controlling relationship or situation; and
• Other compelling practical or compassionate reasons, for example, a person may have been unaware of the requirement to apply or they may have failed to apply because of a lack of internet access, limited computer literacy or limited English language skills or had been living overseas.

Late applications have to be carefully drafted, taking into account the specific extenuating circumstances of the case, to minimise the risk of the application being refused. Applicants must also keep in mind that they will need to evidence their continuous UK residence as part of the application.

How can we help?

Gherson’s Immigration Team are highly experienced in dealing with EU Settlement Scheme applications, including those which are complex and/or discretionary. Please do not hesitate to contact us to discuss your options, 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 don’t 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.

©Gherson 2022