The Home Office has published more restrictive guidance on late applications under the EU Settlement Scheme (“EUSS”).
Generally, the deadline for applying under the EUSS passed on 30 June 2021. Following that, provisions were introduced allowing for late applications to be made in circumstances where the delay was caused on reasonable grounds. In all cases, the Home Office uses a balance of probabilities approach to assess the reasonableness of a late application. When making a late application, it is vital to show that there were reasonable grounds for the delay as a whole, rather than a failure to meet the applicable deadline.
Since the initial introduction of the EUSS, the Home Office has tightened its guidance on what is acceptable as a sufficient reasonable ground and what is not. In particular, the reasonable grounds that are now acceptable include serious medical conditions or treatment, a lack of physical or mental capacity requiring care and support in order to make an application, exemption from immigration control or holding indefinite leave to remain or enter.
The grounds that will no longer be accepted include failing to meet the deadline due to a lack of Internet access, limited computer literacy or limited English language skills, unless prompted by further compelling practical or compassionate reasons beyond the lack of Internet access. Further, the inability to access the available resources and get assistance with an EUSS application due to restrictions associated with the COVID-19 pandemic will no longer be accepted as a reasonable ground. In addition, overlooking the deadline in light of general personal circumstances, such as work commitments, will also be considered as an invalid ground.
It is, however, important to remember that this is not an exhaustive list of acceptable and non-acceptable grounds for a late application, and every case will be considered based on its particular circumstances and evidence provided.
If you are not sure whether the late application exception applies to you, do not hesitate to reach out to a member of our UK Inbound Immigration Team for assistance with your matter.
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