The deadline for applications to be submitted under the EU Settlement Scheme is 30 June 2021. It is imperative that EU, EEA and Swiss nationals apply for status under the EU Settlement Scheme (‘the Scheme’) before 01 July 2021 to avoid living in the UK unlawfully.
However, the Home Office has recently confirmed that it will allow late applications but only in very limited circumstances. The Guidance states that applications may be made after the 30 June 2021 deadline where an applicant can demonstrate ‘reasonable grounds’ for failing to meet the deadline.
Although the guidance explains that the Home Office will take a “flexible” approach in considering reasons for submitting a late application, we would strongly advise that all affected EU nationals make their applications under the Settlement Scheme as soon as possible and before the deadline at the end of this month, to avoid the risk of a late application being rejected and/or any potential disruption to your right to live, work, rent, access healthcare and benefits, drive or even hold a UK bank account.
In particular, without proof of Settled or Pre-Settled Status after 1 July 2021, individuals will not be able to demonstrate they have the right to work in the UK and may find it impossible to obtain employment.
Circumstances that are considered to be ‘reasonable grounds’
The Home Office Guidance sets out a list of what might be considered ‘reasonable grounds’ for making late applications, but, importantly, the Guidance stresses that every case must be considered in light of its particular circumstances.
The examples given for what may constitute “reasonable grounds” for a late application include:
Children
Where the application was delayed due to a parent, guardian or local authority failing to apply on time on behalf of a child, regardless of the reasons for doing so.
Physical capacity, mental capacity or care support
Where a person lacks the physical or mental capacity to apply to the Scheme or those with care or support needs such as those residing in residential care homes, or where they require care support such as in care homes or in their own homes with long-term physical or mental health needs or a disability.
Serious medical conditions or the need for significant medical treatment
Where a person can provide evidence that their application was submitted late due to a “serious medical condition” or that they were undergoing “significant medical treatment” which caused their application to be late. The Home Office Guidance goes further to provide examples of such conditions to include illness or accident which mean the person was hospitalised or bed-bound or were unable to perform day-to-day tasks in the months before, or around the time of, the deadline. Further examples provided include pregnancy or maternity where the person has a difficult childbirth or where the new-born requires medical treatment.
Modern slavery
Reasonable grounds will include where a person is a victim of modern slavery or human trafficking. They will require evidence of a positive reasonable grounds or conclusive grounds decision. Where no such decision is available, the application will be referred to the Home Office who will consider a referral to the National Referral Mechanism. Where a referral is made an application can be considered without the results of the referral having been received. In such cases of modern slavery or human trafficking evidence is not required to be submitted.
Abusive or controlling relationships or situations
Where the person is a victim of domestic abuse or another abusive or controlling relationship or situation which prevented them from applying. There is no requirement to provide specific evidence of abuse or the controlling nature of the relationship or situation however, any evidence put forward will be considered by the Home Office.
Other compelling practical or compassionate reasons
The Home Office acknowledge that there may be other compelling practical or compassionate reasons as to why a person makes a late application. For example, factors such as limited English literacy, no access to the internet, lack of permanent accommodation or simply not realising they must secure status under the Scheme will be considered.
Specific circumstances where applications are submitted late
The Guidance also deals with some specific scenarios where applications might be submitted late as follows:
Ceasing to be exempt from immigration control
For those who are exempt from immigration control such as diplomats, they will have a 90-day window to apply to the Scheme, running from the date they cease to be exempt from immigration control. Where they miss the 90-day window, they will need to demonstrate ‘reasonable grounds’ for their late application.
Existing limited or indefinite leave to enter or remain
Those with limited leave can apply to the Scheme at any time after their leave expires but will need to have ‘reasonable grounds’ for applying after the deadline.
For those with indefinite leave to remain, there is no requirement to apply however, they may wish to do so for any additional rights they may gain from settled status. Again, they will need to have ‘reasonable grounds’ for applying late.
Residence documents or status issued under the EEA regulations
EU residence documents such as residence cards, permanent residence cards and derivative residence cards are only valid until 30 June 2021. Those who hold such documents will need to obtain status under the Scheme and will need to have ‘reasonable grounds’ for any late application.
Flexibility
The Guidance explains that for an initial period after the deadline has passed, the Home Office will operate flexibility for those applying late and applicants will be given the benefit of any doubt in considering whether there are ‘reasonable grounds’ for a failure to meet the deadline. It is however, unclear as to how long this flexible approach will remain in place.
If you have any questions about the EU Settlement Scheme or would like advice regarding your specific circumstances, please contact a member of our Business Immigration Team who will be able to assist you.
