After Brexit, the European Union Settlement Scheme (EUSS) was introduced to protect the rights of EU, EEA, and Swiss citizens residing in the United Kingdom. If you were living in the country before 31 December 2020, you should have applied by 30 June 2021 to obtain either pre-settled status (temporary residency) or settled status (permanent residency).
If you did not do so but believe you are eligible, the regulations still allow for a late application or for a reapplication in case of refusal, if you believe the refusal was incorrect.
Remember that pre-settled status is intended for those with less than five years of continuous residence in the UK. It grants the right to live, work, study, and access welfare benefits, but it is temporary. It lasts five years and can be converted into settled status only if continuous residence in the UK is maintained, or if there has been one or more absences for important reasons.
Currently, pre-settled status is automatically extended by the immigration authority (UKVI) and might even be automatically converted into settled status, but it is advisable to apply for conversion as soon as you are eligible, rather than waiting for UKVI to do it.
Settled status is a much stronger form of residency permit than pre-settled, as it is indefinite. It is granted after five continuous years of residence and can only be lost due to criminal convictions or continuous absence from the country for five years.
Who can submit a late application pre-settled or settled status?
Those who did not submit their application by the original deadline of 30.06.2021 or were wrongly refused may still apply late if they can demonstrate “reasonable grounds” for the delay. Note that the following concerns those who do not yet have pre-settled or settled status, not those converting from pre-settled to settled status, since in those cases the application would not be “late”, as the applicant already holds EUSS temporary residency.
Among the reasons for delay considered valid by the British government are serious health issues, being in the UK with a different type of visa, being underage, or having obtained permanent residence before Brexit and therefore assuming you didn’t need to apply under the EUSS.
Since 9 August 2023, the UKVI first checks the reasons for the lateness of the application, and only if those reasons are found to be valid will it proceed to evaluate the substance of the application—i.e., whether to grant pre-settled or settled status.
If the reasons for the delay are not considered sufficient to justify the application being filed after the deadline, it will simply be rejected as late, without any assessment of the actual eligibility.
It is therefore essential that applications are accompanied by a detailed explanation of the reasons for the delay and supporting evidence. It is important to note that the more time passes from the original deadline, the harder it will be to show sufficient grounds.
If you have already submitted an application and it was refused, there may still be the right to submit a new application, but even in that case, it is vital to explain the reasons for the delay in detail to avoid rejection.
If the application is rejected solely because it is late, you will not have the right to appeal. In such cases, a different kind of legal action may be possible, but it is a rather complex procedure and legal support is recommended.
If the application is refused on substantive grounds, it is possible to appeal against the decision.
If at the time of the decision you are in the United Kingdom, the appeal must be submitted to the First-Tier Tribunal (Immigration & Asylum Chambers) within 14 days from the date of refusal. If you are outside the UK, the deadline extends to 28 days.
The UKVI refusal must state the specific reasons for denial and explain the means of appeal. It is essential to prepare the appeal carefully, including all documentation that proves your right to the requested status.
The path to obtaining or maintaining your status in the United Kingdom can be complex, especially in the case of late applications and refusals. Acting promptly and thoroughly documenting each step is key to safeguarding your acquired rights. Proper handling of your case can make the difference between recognition and the loss of your right to live, work, and study in the UK.
