Late Applications to the EU Settlement Scheme
The Home Office have now extended some flexibility to certain individuals who are applying late for the EU Settlement Scheme. A new version of the guidance was published and can be applied to decisions made from 16 January 2024.
Several changes have been made for those who hold permanent residence and are applying late in the section of the guidance ‘examples of reasonable grounds’. They have provided further explanations and two new examples on page 50 and 51 under ‘Circumstances which will not generally constitute reasonable grounds for delay in making an application’. This covers circumstances in which the applicant had a ‘reasonable belief’ that they were exempt from applying, or a ‘reasonable basis’ for not knowing that they were required to.
The following are relevant reasons that may support the acceptance of the late application; nevertheless, they must be based on credible information and supporting evidence that the applicant:
- is a first-time applicant to the EU Settlement Scheme with a residence document issued under the EEA Regulations, indefinite leave to enter or remain under another route or long continuous UK residence identified by the automated checks of tax and benefits records
- has an EEA national spouse, civil partner or durable partner or other close family member or members who applied in-time to the scheme, but believed that they could rely on a residence document issued under the EEA Regulations
- has a compliant positive immigration history
- has received incorrect advice from an employer or landlord since the end of the grace period on 30 June 2021 as to their right to work or rent in the UK without EU Settlement Scheme status
- has travelled in and out of the UK since 30 June 2021 without being signposted to the scheme
In addition, those who were granted but then lost their status of indefinite leave to remain or enter under the Appendix EU after having spent over five years outside the UK, can now apply as a returning resident if they wish to return to the UK for settlement.
Lastly, a new section has been added on page 22 of the guidance called ‘Concession for certain children of a ‘relevant EEA family permit case’’. This section would only apply if the parent of the child is a dependent relative who falls under subsection (a) of the definition of ‘relative family permit case’ at Annex 1 of Appendix EU and the child was:
- before 11 pm on 31 December 2020 and a valid application for an EEA family permit was not made under the EEA Regulations before then, or
- after 11pm on 31 December 2020 and so it was not possible to make such an application before then
In such cases, an application for the child to be considered a family member (dependent relative) of a relevant EEA citizen may be submitted if the child was granted an EU Settlement Scheme family permit outside Appendix EU (Family Permit) to join or accompany their parents in the UK.
You can access the guidance using this link below.