EU Nationals in the UK – Your Options to Stay
Immigration solicitors look at whether it is too late for EU nationals living in the UK to apply for settled status.
Not every EU national living in the UK has applied for settled status or pre-settled status under the EU Settlement Scheme. Some do not need to do so as they have secured a family visa, work visa, frontier work permit, indefinite leave to remain, or dual citizenship to regularise their immigration position in light of Brexit and the end of free movement for EU citizens.
What happens if you are an EU national who ‘escaped the net’ and did not apply for pre-settled status or settled status by the deadline of 30 June 2021? What are your immigration options now?
UK Online and London Based Immigration Solicitors
For advice on immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
The settled status application deadline
The deadline for most applications for either pre-settled status or settled status under the EU Settlement Scheme for:
- EU nationals
- EEA citizens
- Swiss nationals
was 30 June 2021. Although the deadline passed over a year ago there are still people who can successfully get settled status or pre-settled status either because:
- You have reasonable grounds to make a late application or
- You have a later deadline beyond the 30 June 2021
Late applications for settled status if you have reasonable grounds
The Home Office has said it will still accept a late application for settled status if there are reasonable grounds for missing the 2021 deadline and for the delay. The longer the passage of time the harder it may be to show that your delay was reasonable. If you know that you need to sort out your EU national immigration status in the UK then call the immigration lawyers at OTS Solicitors on 0203 959 9123.
You may not need to show that you have reasonable grounds to apply late if you fall within the class of people for whom the 30 June 2021 deadline does not apply.
If you are not sure if the 30 June 2021 deadline applies to you in your circumstances, it is best to check with immigration solicitors.
Who has reasonable grounds to make a late settled status application?
The Home Office has issued guidance as to what may amount to reasonable grounds for a late settled status application. There is no definitive list of excuses or reasons so if you have a reason, it is best to discuss it with your immigration solicitor and look at what evidence you have to support your late application.
Examples of reasonable grounds include:
- You were in a coercive and controlling relationship and could not make the application because of your relationship
- You did not realise you had to make an application for your child or you are a child and didn’t realise you could make an application
- Your medical condition stopped you from applying
- You did not have the physical or mental capacity to make an application
- You were the victim of modern slavery
- You did not have access to either the internet or paperwork
- You had permanent residence but you did not realise you needed to convert that status to settled status (if you did not use your permanent status to apply for British citizenship)
- You have other compelling practical or compassionate reasons for applying late
Whatever the reason for your late settled status application you will need to explain the reasons and provide the best evidence possible of the reasons for your delay. For example, this could be a letter from your family solicitor explaining that they applied for an injunction order because of the coercive nature of your previous relationship or a report from your doctor if the reason for the delay is medical related.
People who can apply for settled status of right because the 30 June 2021 deadline does not apply to them
Immigration solicitors can apply for settled status for you, without having to justify a late application, if you fall within one of the following categories:
- You are exempt from immigration control
- You stopped being exempt from immigration control after 30 June 2021
- You are in the UK with limited leave to enter or remain in the UK
- You are the family member of a person from the EU, Switzerland, Norway, Iceland, or Liechtenstein and they were living in the UK by 31 December 2020, and you came to the UK after 1 April 2021
- You are applying for settled status for your child and your child was born or adopted in the UK on or after 1 April 2021
- You are from outside the EU, Switzerland, Norway, Iceland, or Liechtenstein and you are the family member of an eligible person from Northern Ireland who could not move back to the UK by 31 December 2020 without you
If you are exempt from immigration control then you are not subject to a deadline to apply for settled status.
For those with limited leave to remain expiring after 30 June 2021, you must apply for settled status before your leave expires.
Family members have 90 days to apply for settled status from arrival in the UK, provided you arrived in the UK on or after 1 April 2021. If you entered the UK before 1 April 2021 your settled status deadline was 30 June 2021 but you may be able to make a late application if you have reasonable grounds.
If you are not sure if you fall into one of those categories or the deadline applicable to you to make an application under the EU Settlement Scheme, an immigration solicitor can help you work out the date applicable to you and your best options. If you need to make a late application for settled status our immigration lawyers can help you make sure the reasonable grounds for delay are properly explained and supported by any available documents.
UK Online and London Based Immigration Solicitors
For advice on settled status and immigration law call the immigration team at OTS Solicitors on 0203 959 9123 or contact us online.