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EU Settlement Scheme: When may I apply late?

Dec 21, 2022

As the EU Settlement Scheme (EUSS) had an initial deadline of 30 June 2021 for most people, there have been some exceptions for late applications to be made by EU, European Economic Area, and Swiss citizens. To do so, individuals must show that they have reasonable grounds for missing the deadline applicable to them.

If a person has missed their deadline to apply to the EUSS, they can make an application under Appendix EU of the Immigration Rules, in which they would confirm their grounds for failing to meet their deadline.

However, the later the application is submitted since the deadline applicable to the person, the harder it will be for the Home Office to grant the application.

Circumstances in which reasonable grounds may apply are as follows:

  • When a person applies to work or study in the UK, and they have established that their parent, legal guardian, or local authority did not apply on time.
  • Where a person has been granted pre-settled status under the Appendix EU, they will be granted five years limited leave to enter or remain in the UK. Once they qualify for settled status, they will be able to apply for EU settled status.
  • Where a person has had a severe medical condition preventing them from submitting prior to the deadline.
  • Where a person is a victim of modern slavery or is in an abusive relationship.
  • Where someone is not digitally advanced to access the application process, or if they are isolated or vulnerable.
  • Where someone has compelling or compassionate reasons as to why they could not apply.

However, this is a non-exhaustive list, and every application is said to be considered on its personal circumstances.

Reasonable grounds for submission after 30 June 2021 apply to applicants in two main categories.

Firstly, those who have limited leave to enter or remain. This must have been granted under another part of the Immigration Rules or outside of the Immigration Rules and must not have lapsed, been cancelled, curtailed, or invalidated. The date of expiry of that leave must be on or after 1 July 2021. In this situation, the deadline to apply will be considered as before the date of expiry of their leave.

Secondly, those who cease to be exempt from immigration control on or after 1 July 2021. In this situation, the deadline for submission is within 90 days, beginning on the day on which they ceased to be exempt from immigration control.

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