The EU Settlement Scheme is an initiative introduced by the UK government to safeguard the residency rights of EU, EEA, and Swiss citizens in a post-Brexit era.
Table of Contents
Understanding the complexities of the application process, meeting the eligibility requirements, and overcoming potential pitfalls become vital for those trying to secure their future in the United Kingdom.
This is an in-depth guide of the complex process surrounding EU Settlement Scheme application refusals, detailing the reasons behind such refusals and providing strategies to navigate these hurdles effectively. Whether you’re an immigration solicitor, an EU citizen staying in the UK, or a relative of someone applying, this guide can provide valuable insights.
Let’s Discuss Your Query Call us on 020 7269 9590 or Fill in our form
The EU Settlement Scheme Explained
The EU Settlement Scheme (EUSS) is a key facet of the UK’s post-Brexit landscape. Launched in 2019, the scheme is designed to ensure EU, EEA, and Swiss citizens remaining in the UK maintain their residency and associated rights after the UK’s exit from the European Union.
Eligibility and Deadlines
To be eligible for the programme, applicants must be a citizen of the EU, EEA, or Switzerland or a family member of an EU citizen, and they must have resided in the UK by 31 December 2020. There are exceptions for applicants with “reasonable grounds” for missing the application cutoff of 30 June 2021.
Pre-settled Status and Settled Status
The scheme offers two variations of status, which are pre-settled status and settled status.
Pre-settled status is typically granted to individuals who have yet to live in the UK for a continuous five-year period by the time of their application. This status allows individuals to stay in the UK for a further five years and have resided continuously in the United Kingdom for five years.
Settled status, on the other hand, is for those who have stayed in the United Kingdom continually for five years. Once granted, it permits individuals to stay in the UK indefinitely.
Continuous Residence
Continuous residence is a key concept in the EU Settlement Scheme. For settled status, the applicant needs to have resided in the UK for an extensive five-year period, called ‘continuous residence’.
Essentially, this means that they must have resided in the United Kingdom for at least six months out of the previous 12 months. However, exceptions exist, such as a one-year period for crucial reasons such as childbirth, severe illness, study, job training, or an international job posting.
The Application Process
Applying for the EU Settlement Scheme can be a straightforward process if you understand the steps and requirements. The steps are:
- Verify your identity: This can typically be done by scanning your passport or national identity card with the ‘EU Exit: ID Document Check app’.
- Provide proof of residence: Documents such as P60s, bank statements, or utility bills can be used as evidence of your living in the UK.
- Declare any criminal convictions: For those aged 18 or over, the application includes a section to declare criminal convictions. This doesn’t typically include cautions, spent convictions, or fixed penalty notices.
- Complete the application: Finally, you can submit your application online. The majority of applicants receive a response within a few days, but it may take up to one month.
Required Documents and Evidence
Your EU Settlement Scheme application depends on documentary proof. You must present an active passport or national identity card, as well as other documents, to prove your presence in the United Kingdom. If you have applied as a family member of a citizen of the EU, EEA, or Switzerland, you may also be required to provide proof of your relationship.
A common mistake that can lead to refusal is not providing sufficient proof of living. Incomplete applications or failure to disclose material facts, such as criminal convictions, can also lead to refusals. Furthermore, misinterpretation of rules around ‘continuous residence’ can potentially cause problems.
To ensure a successful application, double-check that you’ve gathered all necessary documents and fully completed the application form. Honesty is also crucial, particularly in relation to criminal convictions. And remember, understanding the concept of ‘continuous residence’ can be instrumental in securing settled status (indefinite leave to remain).
Reasons for EU Settlement Scheme (EUSS) Refusals on Suitability Grounds
Navigating the maze of UK immigration rules can be daunting, and this is particularly true for the EU Settlement Scheme, where refusals can hinge on ‘suitability’ grounds. Essentially, suitability grounds relate to an applicant’s conduct, both in the UK and overseas, and can lead to mandatory refusals under certain circumstances.
Grounds for Mandatory Refusal
Mandatory refusal of EUSS applications based on suitability grounds is clearly defined in immigration rules EU15 of Appendix EU. A request will be denied if, at the date of the conclusion, the applicant is subject to a deportation or exclusion order stipulated in Annex 1 to Appendix EU or under the immigration laws of the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.
In addition, an application can be rejected if the applying person has pertinent prior convictions. This does not include resolved offences, warns, or alternatives to prosecution, but it is important to note that applicants must disclose any participation in terrorist-related endeavours, war crimes, crimes against mankind, or atrocities.
Understanding Mandatory Refusals
In essence, mandatory refusals are automatic – the authorities have no discretion in these cases. If an applicant has been subject to a deportation or exclusion order or has relevant criminal convictions, their application will be refused on suitability grounds.
Reasons for EUSS Refusals on Eligibility Grounds
Discretionary refusals based on eligibility are different. In these cases, the decision-maker has some leeway and can refuse an application under the Scheme if certain conditions are met.
Factors Involved in Eligibility Refusals
According to rule EU16 of Appendix EU, there are several situations that may lead to a discretionary refusal. This can occur if the application contains inaccurate or deceptive data, representations, or documents or if the applicant did not exercise or abused their privileges under the previous regulations.
In addition, specific situations related to refusal of entrance under previous EEA regulations or where prior leave has been revoked, primarily for reasons of public policy, public security, or public health, may result in a discretionary refusal.
The Most Common Reasons for EU Settlement Scheme (EUSS) Refusals Based on Eligibility
Most rejections of the EU Settlement Scheme (EUSS) applications are due to applicants not fulfilling eligibility criteria. This could be due to either failing to meet certain requirements, inadequate evidence to support eligibility, or an error made by the Home Office caseworker during the assessment. Here are some common reasons for EUSS application refusals based on eligibility:
Applying to the EUSS post-30th June 2021 without ‘reasonable grounds’
The EUSS was officially closed to new applications after 30th June 2021, but exceptions exist for individuals with ‘reasonable grounds’ for a late application, those applying for settled status who already have pre-settled status, or those wishing to join a family member. ‘Reasonable grounds’ could include being seriously ill or a victim of domestic abuse. However, the Home Office requires clear proof of these grounds, and a lack of satisfactory evidence may result in a refusal.
Inability to prove residence in the UK prior to the end of 2021:
According to the eligibility rules of the EUSS, applicants should be from the EU, Switzerland, Norway, Iceland or Liechtenstein, and should have begun living in the UK by 31st December 2020. This also applies to family members of such individuals. If an applicant cannot provide enough proof to show that they were residing in the UK before the end of 2021, their application will be denied. This proof could be in the form of a National Insurance number, tax records, or benefit records, which the Home Office typically checks to verify residence.
Overcoming Refusals Based on Eligibility
Understanding the reasons behind refusals based on eligibility can equip applicants with the knowledge to address and potentially overcome these hurdles. When trying to overturn the decision, transparency, honesty, and an understanding of the regulations and why you went wrong can go a long way in this regar
Get Expert Advice from our Legal Team Call us on 020 7269 9590 or Fill in our form
Addressing Refusal under the EU Settlement Scheme
Being denied an application under the EU Settlement Scheme can be a daunting experience, but it’s important to remember that there are steps you can take to address this issue. The pathway to resolving refusal is related to having a solid understanding of the refusal grounds and what you can do to tackle them.
Understanding the Decision Letter
Firstly, it’s essential to review the reasons for refusal outlined in the decision letter. This document will provide a comprehensive explanation of why your application was refused, offering insight into what aspect of your application fell short of the mark. It’s important to examine this letter carefully, as it will guide your next steps.
Gathering Additional Information
Secondly, it might be necessary to gather additional evidence or information to strengthen your application for an appeal or reapplication. This could involve obtaining more documents to demonstrate your continuous residence in the UK or collecting evidence to challenge a refusal on the grounds of suitability. Remember, when it comes to immigration applications, accuracy and a robust body of evidence are paramount.
Addressing Refusal: Immediate Actions
Being denied an application under the EU Settlement Scheme can be a daunting experience, but it’s important to remember that there are steps you can take to address this issue. The pathway to resolving a refusal hinge on a solid understanding of the refusal grounds and what you can do to tackle them.
Understanding the Decision Letter
Firstly, it’s essential to review the reasons for refusal outlined in the decision letter. This document will provide a comprehensive explanation of why your application was refused, offering insight into what aspect of your application fell short of the mark. It’s important to examine this letter carefully, as it will guide your next steps.
Gathering Additional Information
Secondly, it might be necessary to gather additional evidence or information to strengthen your application for an appeal or reapplication. This could involve obtaining more documents to demonstrate your continuous residence in the UK or collecting evidence to challenge a refusal on the grounds of suitability. Remember, when it comes to immigration applications, accuracy and a robust body of evidence are paramount.
Solutions for Refused ESS Applications
If you’ve been refused under the EU Settlement Scheme, do not worry. There are several actions you can take to rectify this situation, each providing a potential pathway towards achieving your goal of settling in the UK. It’s worth understanding these solutions and their implications thoroughly, so you can determine the best course of action suited to your specific circumstances.
Appealing the Decision
One of the primary actions you can undertake following a refusal is to make an immigration appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Your decision letter will inform you if you have the right to make an appeal which entails going through a formal procedure to raise your case before a judge. It’s recommended to seek legal advice before going down this route, as it can be a complex and challenging process.
EU Settlement Scheme Appeals to the First-tier Tribunal must be filed within 14 days if the party appealing is in the UK and 28 days if the applicant is outside the UK. The judge at the tribunal will review all the evidence, including any new information presented, and will decide whether the original decision should be upheld or overturned.
Applying for an Administrative Review
If you have no right to make an appeal, you might be able to make an administrative review. The administrative review process allows for an official to reassess your application, considering whether an error was made during the initial assessment process.
To seek an EU Settlement Scheme Administrative Review, you have to submit a formal request within 28 days of receiving your refusal decision. This review will only consider the evidence that was submitted with your original application, so it’s essential that your original application was comprehensive and accurate.
The review will not consider new evidence, which means if your refusal was due to a lack of supporting documentation, you might be better off considering reapplication, where you’ll be able to provide additional evidence.
Pursuing a Judicial Review
This is typically seen as a final measure where an impartial judge, not the Home Office, performs an independent review when all other options have been tried or are not accessible. It’s important to understand that a judicial review based on immigration grounds doesn’t assess the decision itself but rather inspects the legality of the process that led to that decision. This procedure is complex and lengthy, necessitating substantial justification for the case, and it doesn’t permit the submission of new evidence that wasn’t initially presented to the original decision-maker.
Need Help with a Refused EU Settlement Scheme (EUSS) Application? Contact Gulbenkian Andonian Solicitors
At Gulbenkian Andonian Solicitors, we are uniquely positioned to help you navigate the complexities of the EU Settlement Scheme application process. Our team of seasoned immigration solicitors offers decades of combined experience in immigration law, providing invaluable advice and guidance.
We understand the gravity of these applications and the significance of doing it precisely the first time. Our experts will review your application, identifying potential pitfalls and strengthening your case. We can assist you in gathering compelling evidence, interpreting intricate laws, and ensuring a thorough, well-presented application.
If your ESS application is refused, we will guide you and represent you through the Appeals, Administrative Reviews or Judicial Reviews, making sure that you will have the highest chance of the decision being overturned in your favour by the UK Home Office.
Since Brexit, we have been working hard to serve EU citizens who decided to stay in the UK with high success rates and are extremely proud of our track record of securing settlement rights for innumerable individuals. Let our solicitors stand by your side, transforming this daunting process into a manageable journey towards securing your rightful place in the UK.
FAQ's About EUSS Application Refusals
The EU Settlement Scheme (EUSS) might be refused for a variety of reasons. These include insufficient proof of residence in the UK, the presence of serious or persistent criminality, and misinterpretation of ‘continuous residence’ rules. Applications might also be refused on ‘suitability’ grounds, including relevant prior convictions or if the applicant is subject to a deportation or exclusion order.
The UK government recognises several reasons as ‘reasonable grounds’ for not applying for settled status before the deadline. These include serious medical conditions, difficult personal circumstances (like being a victim of domestic abuse), lack of physical or mental capacity, and lack of permanent internet access, among others. It’s important to note that each case is evaluated individually, and what counts as ‘reasonable’ may vary.
Some valid reasons for applying late to the EUSS might include being a child without a parent or guardian applying on your behalf, having a serious medical condition or significant personal circumstances, lacking physical or mental capacity, and lacking comprehensive sickness insurance. Again, these are evaluated on a case-by-case basis.
The length of time it takes to receive a decision on an EU Settlement Scheme application can vary. Generally, a decision is made within a few days, but it can take up to a month. Factors that might affect the timeframe include the complexity of the case, the quality and completeness of the application, and the volume of applications being processed at the time.
As of 30th June 2021, the EU Settlement Scheme (EUSS) is officially closed for most new applications. However, there are certain exceptions. You may still be able to apply if you have ‘reasonable grounds’ for not applying before the deadline. Some of these ‘reasonable grounds’ might include serious medical conditions preventing you from applying, being a victim of domestic abuse, or having compelling compassionate reasons. Also, if you already hold a pre-settled status, you can still apply for settled status when you become eligible.
If you have already submitted an application to the EUSS, you can check its status online through the UK government’s ‘View and Prove Your Immigration Status’ service. This requires you to sign in to the service using the same details you used when you applied to the EUSS, usually your passport or National Insurance number. Once logged in, you will be able to view your application’s status, your rights, and a summary of the information held about you by the Home Office. If you have a digital identity, you can also use the ‘UK Immigration: ID Check’ app to view your status.
Please note: It is always important to keep your details updated. If there are changes in your situation, such as a change of address, you should update this information with the Home Office.
At Gulbenkian Andonian, we pride ourselves on “Excellence, Experience and Efficiency”. With over 35 years of experience on your side, our team of London based lawyers and solicitors have a wealth of experience advising individuals, families and businesses of all sizes to find clarity on UK law. Call us on +44 (0) 207 269 9590 or fill out the form below. We usually reply within a few hours. Neither Gulbenkian Andonian Solicitors ltd, nor their employees, agents, consultants or assignees, accept any liability based on the contents of written articles which are meant for guidance only and not as legal advice. We advise all readers to take professional advice before acting. If you would like to consult with a professional lawyer or solicitor to discuss your case, please do not hesitate to contact us directly. This site uses reCAPTCHA and is protected by the Google privacy policy and terms of service.Ask our Expert Legal Team
Share This Post
Dr Bernard Andonian – the Co-Founder of Gulbenkian Andonian Solicitors, is an experienced Immigration Solicitor, former Judge, and recipient of a PhD in Law from the University of West London. He has over four decades of experience practising UK Immigration, Human Rights and Civil Litigation Law. He has served on the Law Society Immigration Law Panel, achieved numerous groundbreaking decisions in higher courts and is featured in the Legal 500’s Hall of Fame.
