Are you an EU national (Family member) and failed to Apply under the EUSS?
5 potential grounds for late settlement applications
Late EUSS Applications
The deadline for the transitional period ended on 31 December 2021 which marked the end of European free movement rights to the UK of the European Nationals.
EU, EEA or Swiss citizen and their family members who were resident in the UK by 31 December 2020, but did not make an application to the EUSS by the deadline of 30 June 2021, their rights in UK law are not protected. This includes the rights to live, work, study and access benefits and services in the UK.
EU nationals could apply under the EU settlement scheme until 30 June 2021 which was extended from 31 December 2020 to allow applicants who were not able to apply in time.
Many thousand have applied under the extended – AKA grace period – time. Nonetheless, this has not ensured that all would-be applicants have made the application.
Numbers So far
The total number of applications as of 30 September 2021 were 6,223,100 of which around 8% were repeated applications, This indicates that an estimated that over 5 million were applicants. Out of applications, 52% were settlement, 42% for pre-settlement and the remaining were either withdrawn, void or refused.
Consequences of not applying
Many Europeans are yet to apply and the exact number of individuals is not known. In the Citizens’ Rights Agreements, there remains scope for a person eligible for status under the EU Settlement Scheme to make a late application to the scheme. In line with the Citizens’ Rights Agreements, they can make a late application to the EUSS where there are reasonable grounds why they missed that deadline. Individuals who fail to apply to the EUSS may be negatively impacted with eligibility to work, study, and access benefits and services in the UK, and to rent a property in England.
Grounds for late applications
Where individuals failed to make an application on time, they need to provide information with the application setting out their grounds for failing to meet that deadline. the relevant test is whether there are reasonable grounds for the person’s failure to meet the deadline applicable to them under the EU Settlement Scheme. the more time which has elapsed since the deadline applicable to the person under the scheme, the harder it will be for them to satisfy that at the date of application, there are reasonable grounds for their failure to meet that deadline.
- where a parent, guardian or Local Authority has failed to apply on behalf of a child
- where a person has or had a 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
You can visit another blog (To be published) with further reasons that may be reasonable ground failing to meet the deadline.
If you need help with navigating the process and applying under the scheme, please do not hesitate to contact us.