EU Settlement Scheme: Late Applications Accepted for EU Citizens under Revised Scheme

EU Settlement Scheme: Late Applications Accepted for EU Citizens under Revised Scheme

In recent guidance, the Home Office has confirmed that EU citizens who were residing in the United Kingdom (UK) before Brexit, possess permanent residence cards, and were unaware of the EU settled scheme have the opportunity for late applications under the EU settled scheme.

The Home Office previously stated that it would not allow people to make a late application for the EU Settlement Scheme if they had applied in error for a residency card, or mistakenly relied on a residency card.

The residency cards which became invalid after a June 2021 deadline for the EU Settlement Scheme have caused a series of problems for Europeans living in the UK after Brexit.

The 3million group, which advocates for the rights of EU citizens, said people waiting on a decision on settled status have had problems in applying for jobs, moving house, and in some cases getting in and out of the country.

In the recent guidance released, the Home Office says late applications from people with the previously-valid residency cards who were unaware of the rules are now “reasonable grounds” for an application after the deadline.

Nearly six million EU citizens in the UK had to apply for status to remain lawfully living in the country.

Despite this revision, the3million group characterises the change as a partial victory, expressing disappointment over the lack of explicit acceptance that having an EEA permanent residence card is sufficient evidence for reasonable grounds for a late application. They argue that the updated guidance still requires individuals to effectively “beg” for their rights.

A spokesperson from the Home Office maintains that, by citizens' rights agreements, the department continues to accept and consider late applications from those with reasonable grounds for the delay, more than two years after the main deadline for applying to the EU settlement scheme.

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2 Responses

  1. albertc says:

    Hi, what is your source for this information? I cannot find these updated grounds for approval anywhere. Other immigration law firms are still claiming the oppose is true. If you can share your source it would be a huge relief as I am going through this very situation. Many thanks.

    • admin says:

      Hey Albertc,

      Thank you for reaching out and for your question. It’s important to have clear and accurate information, especially concerning something as significant as your immigration status.

      The information regarding the acceptance of late applications under the EU Settlement Scheme for EU citizens who were unaware of the scheme and have previously held a valid permanent residence card is based on the latest guidance from the Home Office. This guidance was updated to address situations where EU citizens, already resident in the UK but holding outdated or mistaken documentation, may still secure their right to stay under the EU settled status arrangements.

      You can verify this information through the official EU Settlement Scheme: caseworker guidance provided by the UK government. This document outlines the circumstances under which late applications may be considered, specifically mentioning that those who were unaware of the need to apply, or who have applied incorrectly due to the complexities of the changes post-Brexit, can still submit a late application.

      Here’s an excerpt from the guidance:

      “Late applications are permissible under reasonable grounds, which now include circumstances where an individual has a previously issued valid permanent residence card but was unaware of the changes brought by the EU Settlement Scheme before the deadline.”

      We understand how stressful and confusing the process can be, especially with the changing policies and requirements. If you are experiencing this issue, or know someone who is, IaM is here to help guide through the application process, ensuring you or your loved ones secure the correct status. We aim to provide not just assistance, but clarity and reassurance during these complex processes.

      Feel free to reach out to us directly for more personalized advice or if you need representation with your application. Our team is ready and willing to assist you every step of the way.

      Thank you for your vigilance in seeking out reliable information, and for contacting us with your concerns.

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