The deadline to apply for EU Settlement Scheme was 30 June 2021. The rules currently provide that you can still apply under this scheme if you have ‘reasonable grounds’ for why you re applying now, and not by the deadline or in the time since the deadline passed.
The list of reasonable grounds for applying to the Settlement Scheme late is non-exhaustive, and every case must be considered in light of its particular circumstances. Nevertheless, the guidance provides some examples of situations that will “normally” be accepted as reasonable grounds for applying late. In this blog we will discuss some of the examples mentioned on the guidance.
Children (including children in care and care leavers): If you are a parent, guardian or Local Authority and you have failed to apply for your child, this will normally constitute a reasonable ground. The guidance, however, stresses that the Home Office does not need to consider the reasons why you, as the responsible adult, failed to apply to the scheme.
Physical or mental capacity and/or care or support needed: If you are a person that lacks the physical or mental capacity to apply, or has care or support needs that will normally constitute reasonable grounds. Flexibility will also be extended to adults with broader care or support needs, such as those living in residential care homes or receiving care and support in their own homes. You should provide relevant evidence to support these claims, as well as evidence of legal authority for a third party to act on behalf of the person lacking capacity, if applicable.
Serious medical condition or significant medical treatment: If you have “a serious medical condition (or you were undergoing significant medical treatment) in the months before, or around the time of, the deadline applicable to you”, this will normally constitute a reasonable ground. You should provide evidence supporting these medical claims.
Victim of modern slavery: If you were prevented from applying because you are a victim of slavery, including human trafficking, this will normally constitute a reasonable ground for applying late. Evidence of slavery or trafficking is not required and depends on the circumstances of each case.
Compelling or compassionate reasons: If you can demonstrate that there were compelling or compassionate reasons that prevented you from applying by the deadline, such as serious illness, family emergencies or other extraordinary circumstances, you may be allowed to apply later.
It’s essential, however, to keep in mind that the criteria for reasonable grounds could change in the coming days. If you believe you have reasonable grounds for missing the deadline, it is important to seek legal advice to discuss your specific circumstances and explore your options to submit your application as soon as possible. The rules and deadlines for the EUSS may evolve over time, therefore staying informed and seeking guidance is crucial.
How Gherson can assist
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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.