LS Legal News Bulletin
Applications submitted under the EU Settlement Scheme after 30 June 2021
Wednesday 14th April 2021
Hifza Nuyani
As many of us know the deadline to apply for pre-settled or settled status under the EU Settlement Scheme is 30 June 2021, there will be many other people who are wondering what will happen if they submit an application after this date? The good news is that the Home Office has provided a list of "reasonable grounds" that will be considered from 01 July 2021 when a late application is submitted under the EU Settlement Scheme.
In this article, we will look at what the Home Office means by "reasonable grounds" as these were released in the Home Office guidance on 01 April 2021. The list is non-exhaustive and each case will be considered in light of its particular circumstances.
The Home Office guidance states the following scenarios as examples whereby late applications will be considered under the EU Settlement Scheme:
• All children applications will be considered including the children in care and care leavers.
• The applicant who has physical or mental health problems, or where an Applicant receives care and support will be considered as a valid reason to apply late however, the Home Office will require evidence to confirm Applicant's condition or arrangement.
• The applicant who has a serious medical condition or receiving medical treatment a few months before the deadline or at the time of the deadline, their late application will be considered but the Applicant will need to provide medical evidence to the Home Office to confirm their reason.
• A person who is a victim of modern slavery including human trafficking will be considered as a reasonable ground to apply late.
• A person who was a victim of domestic violence or abuse, or who was in a controlling relationship that prevented them from applying will be seen as a reasonable reason for making a late application.
• Other compelling practical or compassionate reasons - includes various situations in which a person is unable to apply before the deadline. The Applicant will need to provide supporting evidence to confirm the reasons for making a late application, the evidence could also be a supporting letter from a relative, care home or carer highlighting the situation that prevented the Applicant from applying earlier.
• People who are exempt from immigration control (i.e. diplomats) will be able to apply within 90 days after they cease to be exempt.
Overall, the guidance states that the Home Office will have a lot of flexibility when considering a late application under the EU Settlement Scheme from 01 July 2021. The Home Office has also stated that in the initial period after the deadline has passed, they will consider applications from people who were unaware that they needed to apply under the EU Settlement Scheme, the Applicant will simply need to explain why they were unaware, they will not be expected to provide any evidence to support their reasons. However, it is not yet confirmed how long the initial period will last so we will wait for the Home Office to give us further information after the deadline.
The Home Office guidance provides us various circumstances in which a person can miss the deadline for making an application for a pre-settled status by 30 June 2021 therefore, the guidance assures many EU citizens and their family members that their late application is still likely to be considered. This shows that the Home Office is eager to give every opportunity to EU citizens and their family members to apply under the EU Settlement Scheme to secure their residence in the UK.
At LS Legal Solicitors we specialise in dealing with complex matters and providing you with clear and straightforward advice to resolve your legal matter. Please contact our expert team of immigration lawyers on 020 8144 5588 or 075 3595 9450 to discuss your immigration issue.
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