After 30 June 2021, EU/EEA citizens and their family members may risk losing the right to continue residing in the UK and may, therefore, become overstayers in the UK.
The rapidly approaching deadline has resulted in the Home Office having to deal with a backlog in applications, leading to delayed processing times for these types of applications.
Those with previous convictions or pending prosecutions may especially face excessive delays on their pending EU Settlement Scheme applications. Individuals applying under the EU Settlement Scheme must meet the suitability requirements laid out in paragraphs EU15 and EU16 of Appendix EU of the Immigration Rules.
In summary, paragraph EU15 states that where an applicant is subject to an exclusion or deportation order, their application under the Scheme will be refused on grounds of suitability. An applicant may also be refused on the grounds of suitability if their presence in the UK is not conducive to the public good because of conduct committed after the specified date. Under paragraph EU16, the decision to refuse an application under the EU Settlement Scheme must also be ‘proportionate’ and justifiable on the grounds of public policy, public security or public health. Any issues with meeting the suitability requirements may result in further delays to pending applications under the Scheme.
Where the applicant does not have an existing deportation order, but has been convicted or is pending prosecution, the caseworker considering the EU Settlement Scheme application may be required to refer the matter to Immigration Enforcement (IE) to consider deportation. However, it is important to note that the threshold for a referral to IE on the basis of criminality remains fairly high.
Nonetheless, any type of criminal history (including pending prosecutions and spent offences) will likely result in excessive delays in applications under Appendix EU.
If you have a criminal history and are applying under the EU Settlement Scheme, please contact us for advice and to discuss your specific circumstances.
Gherson has a wealth of experience advising clients applying under the EU Settlement Scheme. If you have any questions or queries regarding your immigration matters, please contact us, send us an e-mail, or alternatively, follow us on Twitter 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