If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein, you and your family might have needed to apply to the EU Settlement Scheme to continue living in the UK. This includes people who hold a permanent residence document or an EEA biometric residence card.
The deadline for applying to the EU Settlement Scheme, for most people, was 30 June 2021. If you have missed this deadline, you can still make an application.
You must either:
- meet one of the criteria for a later deadline to apply
- have ‘reasonable grounds’ for not applying by 30 June 2021
The scheme provides the following not complete list of possible reasonable grounds for not applying by the deadline:
- you’re a child, or applying for your child, and you did not know you needed to apply
- your parent, guardian or local authority did not apply for you when you were a child
- you have, or had, a medical condition which prevented you from applying
- you lacked the physical or mental capacity to apply
- you have care or support needs, or those caring for you were unaware of the deadline
- you’ve been the victim of modern slavery
- you’ve been in an abusive or controlling relationship
- you did not have internet access, or access to relevant documents
- you came to the UK on a work or study visa and became eligible to apply to the EU Settlement Scheme while you were here, but did not know you could apply
- you already have indefinite leave to enter or remain, and you did not know you could apply to the scheme
- you had permanent residence status or a residence document that stopped being valid after 30 June 2021, and you did not know you needed to apply to the scheme
- you had difficulty accessing support to apply because of coronavirus (COVID-19) restrictions
- another compelling practical or compassionate reason prevented you applying
The caseworker guidance suggests that the Home Office will be taking a fairly flexible approach to late applications, at least initially, stating:
For the time being, you will give applicants the benefit of any doubt in considering whether, in light of information provided with the application, there are reasonable grounds for their failure to meet the deadline applicable to them under the EU Settlement Scheme, unless this would not be reasonable in light of the particular circumstances of the case.
The best advice is to apply as quickly as possible, with evidence as to why the application is late. The evidence could, for example, include proof of a medical reason why the application has been delayed.
For more information on deadlines please see:
- the government website: https://www.gov.uk/settled-status-eu-citizens-families/eligibility
- the guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1004627/main-euss-guidance-v13.0ext.pdf
If you require immigration advice in relation to the issues above, we can help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com
