18 Sep Late applications under the EU Settlement Scheme

To prove lawful residence, EU, EEA, and Swiss citizens living in the UK must have applied for pre-settled or settled status under EUSS prior to 30 June 2021. There is no deadline for applying for a family permit.

According to The Withdrawal Agreement, the Home Office allows for late applications where applicants have “reasonable grounds” for missing the deadline.

The deadline for family members of a qualifying British citizen is 29 March 2022. However, as the HC 1496 introduced on 17 July 2023, please note that on 8 August 2023, it will no longer be possible to submit a new application as a family member of a qualifying British citizen (commonly referred to as ‘Surinder Singh’ cases) and the primary carer of a British citizen (known as ‘Zambrano’ cases). Therefore, we will not be discussing late applications in these circumstances.

Required date

(a) where the applicant does not have indefinite leave to enter or remain or limited leave to enter or remain granted under this Appendix:

(i) (where sub-paragraph (a)(ii), (a)(iii) or (a)(iv) below does not apply) the date of application is:

(aa) before 1 July 2021; or

(bb) (where the deadline in sub-paragraph (a)(i)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) on or after 1 July 2021; or

The deadline for general cases who does not have legal status in the UK is 1 July 2021. Unless there are reasonable grounds.

(ii) (in the case of a joining family member of a relevant sponsor and that joining family member arrived in the UK on or after 1 April 2021, and where sub-paragraph (a)(iii), (a)(v) or (a)(vi) below does not apply, or that joining family member is a child born in the UK on or after 1 April 2021 or adopted in the UK on or after that date in accordance with a relevant adoption decision, or on or after 1 April 2021 became a child in the UK within the meaning of the entry for ‘child’ in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry) the date of application is:

(aa) within three months of the date on which they arrived in the UK (or, as the case may be, of the date on which they were born in the UK, adopted in the UK or became a child in the UK within the meaning of the entry for ‘child’ in this table on the basis of one of sub-paragraphs (a)(iii) to (a)(xi) of that entry); or

(bb) (where the deadline in sub-paragraph (a)(ii)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after that deadline; or

EUSS family permit applicants should apply for pre-settled status within 3 months of their arrival date in the UK, or when born/adopted. Unless there are reasonable grounds for the delay.

(iii) (in the case of a joining family member of a relevant sponsor as described in sub-paragraph (b) of that entry in this table and that joining family member arrived in the UK on or after 1 April 2021, and where sub-paragraph (a)(v) or (a)(vi) below does not apply) the date of application is:

(aa) within three months of the date on which they arrived in the UK, and before 1 January 2026; or

(bb) (where the deadline in sub-paragraph (a)(iii)(aa) above was not met and the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s delay in making their application) after that deadline; or

…

If you are a joining family member of a relevant sponsor who holds valid limited leave to remain under EUSS and applied before his/her leave expiry date, and if the joining family member arrived in the UK on or after 1 April 2021, the application deadline should be within 3 months of the date on which you arrived in the UK but before 1 January 2026 (unless reasonable grounds apply). It is important to note that you cannot apply under any other part of Appendix: EU or outside the Immigration Rules.

In general, the Home Office will take a lenient approach and some case-scenarios have been reported below:

1.where a parent, guardian or Local Authority has failed to apply on behalf of a child

2.where a person has or had a serious medical condition, which meant they were unable to apply by the relevant deadline

3.where someone is a victim of modern slavery or is in an abusive relationship

4.where someone is isolated, vulnerable or did not have the digital skills to access the application process

5.where a person was unable to apply by the relevant deadline for compelling practical or compassionate reasons – including in light of the coronavirus pandemic

Furthermore, there might be additional compelling practical or compassionate reasons, such as an individual’s lack of awareness about the application requirement due to limited internet access or computer literacy, or difficulties obtaining a valid ID document on time. Supporting evidence documents related to these reasons must be submitted.

According to the policy guidance, if immigration officers  were to encounter EU citizens who potentially fall under the Scheme’s scope, they should issue a written notice. This notice provides an opportunity to make a valid Settlement Scheme application, typically within 28 days from the notice date. During this period, no immigration enforcement action should be taken for being in the UK without permission.

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075