For most people, the deadline for applying to the EU Settlement Scheme was 30 June 2021. If you missed this deadline, you may be able to make a late application, according to Home Office guidance.
If you are an EEA national or a family member of one, and you needed to apply for pre-settled or settled status before 30 June 2021, you may still be able to apply out of time. Various guidance documents give a non-exhaustive list of what might be considered a good reason for making a late application, which includes:
- The parent, guardian or Local Authority has failed to apply on behalf of a child
- The applicant has a serious medical condition that meant they were unable to apply before
- The applicant is a victim of modern slavery or is in an abusive relationship
- The applicant is isolated, vulnerable or lacked the computer skills to apply
- The applicant was unable to apply because of compelling practical or compassionate reasons, such as the consequences of the COVID-19 pandemic
- The applicant lacked the mental or physical capacity to apply
It is important to remember that the list is non-exhaustive so there may be other circumstances that led to a late application which the Home Office may recognise as constituting a good reason.
For the time being, the Home Office approach to late applications has been to give the applicant the benefit of the doubt where the case is borderline and to err on the side of granting rather than refusing. However, it is still vital to identify the reason why the application is made late and to evidence it as thoroughly as possible.
It is also important to remember that Home Office guidance changes frequently and that its approach to late applications might similarly change in the near future.
If you believe you were required to apply to the EU Settlement Scheme before the deadline and would like advice or assistance with making a late application, please contact our friendly, experienced immigration team today.