Whilst the Home Office continues to remain under pressure to extend the deadline, to avoid a scenario in which swathes of UK residents suddenly become undocumented, such an extension is by no means guaranteed.
The law allows for late applications to be accepted on a case-by-case basis where there are “reasonable grounds” at the date of application to justify the failure to meet the deadline. Some examples listed in the Home Office guidance include where an applicant:
- Does not have permanent accommodation and therefore did not have access to a computer or to the documents required to make an application;
- Has complex needs and therefore was not aware of the support available to help them apply;
- Was hampered in accessing the support available to help them apply by restrictions associated with the COVID-19 pandemic;
- Overlooked the need to apply or the deadline to apply, or failed to apply by the deadline, in light of their personal circumstances;
- Has lived in the UK for a significant period of time and having done so, did not realise they must still secure status under the EU Settlement Scheme; or
- Must apply on a paper application form and did not request this from the EU Settlement Resolution Centre until shortly before the relevant deadline.
Ultimately, if you apply to the EU Settlement Scheme after the deadline, your application will be discretionary in nature and will consequently carry a higher risk of refusal.
Gherson has seen an influx of last-minute applications to the EU Settlement Scheme in recent weeks and our General Immigration Team remains available to assist you if you have yet to apply. You can contact us, send us an e-mail, or alternatively, follow us on Twitter or LinkedIn to stay up-to-date.
The information in these blogs 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 these blogs. 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