EU Settlement Scheme: have you missed the deadline?

The United Kingdom officially left the EU on 31 January 2020. The EU Settlement Scheme was created by the Home Office to offer EU, non-EU, EEA and Swiss citizens living in the UK before the end of the transition period (11pm on 31 December 2020), and their eligible family members, the opportunity to protect their residence and rights in the UK.

The deadline for the EU Settlement Scheme was 30 June 2021. Not everyone eligible applied before this date. Immigration solicitor Sondos Arafa explains what you need to do if you missed the deadline.

I’ve missed the deadline. What do I do now?  

Apply!

The Home Office understands that many people may have missed the deadline due to various reasons. The most important thing to do now is apply as soon as possible. The application is free and can be made online or via a paper application form (depending on your circumstance).

The EU Settlement Scheme has been designed to be very straightforward and user-friendly. If you have valid or expired identification i.e., a passport, national identity card or biometric residence permit/card, you can apply online here

If you do not have identification or you have any other issues, you should contact the Home Office’s Resolution Centre on: 

Telephone: 0300 123 7379
Monday to Friday (excluding bank holidays), 8am to 8pm UK local time
Saturday and Sunday, 9:30am to 4:30pm UK local time

What is a late application? 

A late application is an application made to the EU Settlement Scheme for pre-settled or settled status after the 30 June 2021 deadline. The Home Office will accept late applications and it has released its official guidance (see page 26 to page 44 of this guidance). The guidance sets out a key requirement, that those individuals who make a late application must have a ‘good reason’ for applying late to the scheme. If an individual does not have a good reason, then the Home Office will not accept the late application and it will be refused.

What are considered good reasons for applying late to the EU Settlement Scheme? 

The government has set out ‘reasonable grounds’ for applying late to be as follows:

  • where a parent, guardian or Local Authority has failed to apply on behalf of a child
  • where a person has or had serious medical condition, which meant they were unable to apply by the relevant deadline
  • where someone is a victim of modern slavery or is in an abusive relationship
  • where someone is isolated, vulnerable or did not have the digital skills to access the application process
  • where a person was unable to apply by the relevant deadline for compelling practical or compassionate reasons – including in light of the coronavirus pandemic

More information can be found here. It is also important to note that the above list is not exhaustive, so if your reason is not included it is still worthwhile making an application and explaining your reasons.

How do I apply for the scheme?

If you have valid or expired identification i.e., a passport, national identity card or biometric residence permit/card, you can apply online here.

If you do not have identification or you have any other issues, you should contact the Home Office’s Resolution Centre on: 

Telephone: 0300 123 7379
Monday to Friday (excluding bank holidays), 8am to 8pm UK local time
Saturday and Sunday, 9:30am to 4:30pm UK local time

What could happen if I don’t apply? 

If you don’t apply and are found to fall within the scope of the scheme, you could be issued with a written immigration notice giving you 28 days to apply. No further action will be taken during this time. If you have still not applied after the 28 days, further immigration enforcement could be taken, including detention and subsequent deportation. Not applying during this time could also affect any good reason you may have for making further late applications.

If you have received a written notice you do not understand or you are not sure whether you should have applied to the EU Settlement Scheme, you should seek legal advice on your status. You can contact our immigration team here.

I have pre-settled status. Do I still need to apply? What if I missed the deadline to upgrade from pre-settled to settled? 

Currently, the deadline for individuals with pre-settled status to apply is unique to every individual as they need to be aware of the date of expiry of their pre-settled status. Late applicants can be those who also miss their personal deadline to settled status. The Home Office is committed to sending reminders to individuals who have pre-settled status and urging them to apply for settled status. However, it is important to keep a note of the pre-settled status expiry date and ensure that you apply beforehand. We recommend 28 days before your leave expires. 

I have a permanent residence document. Do I need to apply?

As explained above, those individuals with permanent residence need to apply to the EU Settlement Scheme. Many individuals will not realise this but most of the permanent residence documents were issued under the EEA Regulations that the United Kingdom no longer adheres to since leaving the European Union.

I have indefinite leave to remain. Do I need to apply?

Those with indefinite leave do not need to apply to the Scheme but there may come a point in time that they want to do so to acquire the additional rights that come attached to settled status.

My application has been denied. What can I do?

We recommend seeking immediate legal advice from a regulated lawyer. You can seek help at the Law Centre here.