The EU Settlement Scheme: What can you do if Your Application is Refused?

The EU Settlement Scheme which was put in place as of the 21st January 2019 is now live and is in a public test phase for those who are eligible to stay in the UK post-March 29th (Brexit date).

When applying through the Scheme, there are two options that you can apply for, a Pre-Settled Status or Settled Status.

What is the difference?

  • Pre Settled Status – A temporary form of leave to remain in the UK.
  • Settled Status – The equivalent to having indefinite leave to remain in the UK.

What to do if your application is refused?

If you applied for Settled Status, and instead got given Pre-Settled Status, you have a few options:

1) Accept the decision for pre-settled status: This would entail you accepting a pre-settled status decision rather than having settled status which is the same as indefinite leave to remain. You can accept this as a temporary measure and then make a further application for settled status in the future.

2) Make a new EU Settlement Scheme application and this time give more information to support how you are entitled to settled status. If a new application is made, further evidence can be provided where you as an applicant can demonstrate that you have met the requirements of the scheme which will then be verified by the UK Home Office who will grant you a “settled status”.

3) Finally, if you believe an error has been made and that you should have received “settled status” and you have in fact been refused, you can challenge the decision by applying for an “administrative review” within 28 days. If the refusal has been made on “suitability grounds” then the challenge would need to be carried forth under a judicial review. The fee for this challenge is £80 and this will be refunded if the review of the application is successful.

If the UK leaves the EU with a deal then we expect there to be full statutory rights for applicants who apply after March 30th to appeal.

Important note

Please note that at this stage, the passport verification process of the application only works on Android phones. Please read this Home Office article for more information.

How can Gulbenkian Andonian Help?

We have over 35 years of experience in immigration law and have one of the best legal teams for this kind of law in London and the United Kingdom.

Our team of legal experts are here to discuss any kind of queries you may have on general immigration and the pressing issue of Brexit and what it may mean for your individual situation or that of your family.

If you need assistance please do not hesitate to contact us today.

Read more about the EU Settlement Scheme here.

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