Kay Stewart discusses the routes to making an application under the EU Settlement Scheme after 30 June

Those who may be eligible for the EU Settlement Scheme, however, failed to apply prior to the given deadline of 30 June earlier this year, may be afforded the opportunity to be granted settled or pre-settled status under the scheme in spite of missing the closing date. The Secretary of State for the Home Department approved routes for both EU and non-EU citizens to apply to the scheme if they would have been able to do so in advance of 30 June.

In order to be suitable to make such an application under the EU Settlement Scheme, one must satisfy the government criteria which provides various avenues to apply. Primarily, for those who failed to apply ahead of the deadline, one may apply if ‘reasonable grounds’ for not applying before 30 June are present.  A non-exhaustive list of what constitutes ‘reasonable grounds’ has been provided by the government and envelops a diverse range of factors such as medical illness, lack of access to the internet, and being a victim of modern slavery. Whilst many other factors are offered as exemplars as to what accounts as ‘reasonable grounds’, the guidance has revealed its lenience to this criteria by providing the open-ended option of ‘another compelling practical or compassionate reason’. Irrespective of which ‘reasonable ground’ applies to one’s case, the reasoning must have prevented one from successfully submitting the application.

Alternatively, a number of applicants will not have succumbed to the 30 June deadline and many will have individually tailored time limits to making such an application. Firstly, those, both EU and non-EU citizens, who intend on joining their EU family member in the United Kingdom on or after 1 April 2021, will have up to 90 days from entering the United Kingdom to make their application. These applicants primarily should apply for the EU Family Permit to gain leave to enter the United Kingdom and once in the country are able to apply to the EU Settlement Scheme. This may not be necessary in every case and it is possible to apply for the scheme whilst outside the United Kingdom. Different obligations apply to the latter route.

This article has referred to the two most prominent routes to applying to the EU Settlement after 30 June, however, there are additional routes to apply. Potential avenues include applications for children born on or after 1 April 2021, one’s exemption to immigration control ending after 30 June, the expiration of previously granted limited leave after 30 June, and further optional routes.

For further information on this topic or on any other legal area, please contact John Szepietowski or Kay Stewart at Audley Chaucer Solicitors on 01372 303444 or email admin@audleychaucer.com or visit our Linkedin page.

Larissa Bourgi

This information was correct as of September 2021


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