Introduction
Following Brexit, EU, EEA and Swiss nationals and their family members who were living in the UK before 31 December 2020 could apply to the EU Settlement Scheme (EUSS) to protect their UK residence rights. Many of those who were granted pre-settled status established their employment, family and home in the UK, and expected to become eligible for settlement after completing five years’ continuous residence.
We are increasingly hearing reports of pre-settled status holders who, on trying to apply for settled status, are informed by the Home Office that their pre-settled status was granted in error. The Home Office’s updated guidance contains examples of circumstances where the Home Office can decide that a person’s pre-settled status will be allowed to expire, rather than automatically extended or converted to settled status. The Independent Monitoring Authority (the body responsible for monitoring the implementation of the citizens’ rights provisions of the EU-UK Withdrawal Agreement) understands that the Home Office are checking an individual’s EUSS status where:
- An EUSS status holder applies to convert from pre-settled status to settled status; or
- A joining family member applies to the EUSS, and their sponsor’s EUSS status is checked as part of the joining family member’s application.
‘Granted in error’ Home Office guidance
Home Office guidance states that a person’s EUSS status will only be considered to have been granted in error, where there is information or evidence showing the person did not meet the requirements for obtaining that status.
The guidance gives a few examples of situations where this might happen:
- There is information or evidence which shows that an EUSS status holder only obtained an EEA nationality after 31 December 2020
- There is information or evidence which shows that an EUSS status holder was not resident in the UK before 31 December 2020
- A person applied as a joining family member of a relevant sponsor, but was incorrectly granted a status as a relevant EEA citizen
When the Home Office considers a person was granted EUSS status in error, they must request additional information and evidence from that person. If the Home Office are still not satisfied that the person’s original EUSS status should have been granted, they must refuse the person/their family member’s application and inform them that their EUSS status will not be automatically extended and expire at the end of its validity.
If you receive correspondence from the Home Office questioning your status under the EUSS, you can contact us for advice through our website, by phone on 020 7401 6887 or by email at contact@gryklaw.com. Depending on your circumstances, there may be options to challenge the decision or to switch to an alternative immigration route.
