Since its inauguration, it can be argued that the EU Settlement Scheme even though it has served many EU citizens who are living in the UK fine with regards to providing them with the correct status they deserve, it has still had some flaws where many have received the incorrect status even after providing sufficient evidence to suggest otherwise.
Top immigration lawyers UK confirm that now there is a legal mechanism to challenge such incorrect decision laid out in the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (SI 2020 No. 61). These new regulations provide a right of appeal for people who have either been denied pre-settled or settled status under the EU Settlement Scheme or have been given “pre-settled status” when they should have actually been given “settled status”.
What does settled and pre-settled status mean?
Settled status (Permanent Residence / Indefinite Leave to Remain) is the term used to describe an ordinary resident in the UK. If you receive settled status you will have no immigration restrictions on the length of your stay in the UK EU Migrants who have been in the UK for five years or more can apply through the scheme for Settled Status.
Pre-Settled Status – This is the term used for EU citizens and their family members (both EU and non-EU), who arrive by 31 December 2020 and who will not yet have been continuous residents in the UK for five years. Such individuals alongside their family members will be granted pre-settled status that will allow them to stay in the UK until they have reached the five-year threshold. After the five year period has been reached they can then apply for settled status.
When did the new EU Settlement Scheme Appeals Mechanism come into force?
This new immigration appeals mechanism only applies to applications made “on or after Exit day” but it will permit EU citizens to the right of an appeal of a total rejection from the scheme, alongside being granted “pre-settled status” over “settled status”. If you made an application before the exit date and were granted the incorrect status you can contact our London based legal team and we can advise you on how to deal with this accordingly.
Moreover, there will also be the option of appealing various other scenarios related to the scheme such as when “settled status” has been granted but then revoked from an individual. In such a case, an individuals appeal can be taken to the First-tier Tribunal unless it has been classed as an issue fo national security to which then it will have to be assessed by the Special Immigration Appeals Commission.