With the deadline to apply under the EU Settlement Scheme looming, there has been a substantial increase in EU, EEA and Swiss citizens applying for status under the EU Settlement Scheme in order to secure their post-Brexit residence rights.
The deadline to apply for status under this Scheme is Wednesday, 30th June 2021. There is however, scope for the Home Office to exercise discretion to accept late applications from those who apply after the deadline.
EU Citizens who miss the deadline
If you are an EU, EEA or Swiss citizen who was lawfully resident in the UK by virtue of the free movement provisions by 31 December 2020 and have applied for status under the EU Settlement Scheme but have not yet received a decision on your application or outstanding appeal, you are entitled to retain your residence rights while your decision is pending. All applicants are advised to retain evidence of having applied to the EU Settlement Scheme on time.
If you are an EU, EEA or Swiss Citizen and have missed the deadline to apply under the EU Settlement Scheme, you may still submit an application under the Scheme. If you submit an application past the deadline, the Home Office may accept late applications where there are reasonable grounds as to why the deadline was missed.
In the EU Settlement Scheme guidance, the basic rule is that where the Home Office has reason to believe that an EU citizen requires status under the Scheme in order to continue to reside in the UK, they will have a 28-day grace period within which to make a valid application under the Scheme. The guidance states that during the grace period, no immigration enforcement action for being in the UK without leave will normally be taken.
In brief, you are still advised to meet the deadline in order to be in the strongest position with regards to guaranteeing your residency rights in the UK. Failing this, you may still apply under the Scheme, however, there must be reasonable grounds for your failure to submit an application before the deadline.
If you are an EU, EEA, or Swiss citizen and you have not yet applied under the EUSS, please contact us urgently, send us an e-mail, or alternatively, follow us on Twitter, LinkedIn or Facebook 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 2021