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

The EU Settlement Scheme was rolled out throughout the country as from 21st January 2019 and as from 30th March 2019 and can be applied to until June 30th, 2021.

Related Topics

⇒ How to apply to the EU Settlement Scheme?
⇒ The EU Settlement Scheme, a step by step approach
⇒ How to appeal an incorrect EU Settlement Scheme decision
⇒ The New Points Based System for both EU and non-EU nationals
⇒ The Skilled Worker Visa for both EU and non-EU nationals – Replacement of Tier 2 (General) Work Visa
⇒ The New UK Student Visa for both EU and non-EU nationals

What is the difference between Pre-Settled and Settled status?

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

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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