The House Workplace has launched some flexibility for some people who find themselves making use of late to the EU Settlement Scheme, after the rules were severely tightened in August final yr. The brand new model 22 of the guidance for caseworkers on the EU Settlement Scheme applies to selections created from 16 January 2024 and in addition makes another modifications. A comparability of the old and new versions exhibits the principle variations, that are detailed under.
Additionally, do keep in mind that we’re working coaching on making late application to the EU Settlement Scheme subsequent week.
Modifications for individuals who maintain everlasting residence and are making use of late
Within the part “Examples of reasonable grounds” for making a late utility, additional clarification and two new examples have been given on pages 50 and 51 beneath “Circumstances which will not generally constitute reasonable grounds for delay in making an application”. This offers for conditions the place the individual had a “reasonable belief” that they didn’t want to use or “reasonable basis” for being unaware that they’d to take action. The appliance should have been made with out additional delay as soon as they grew to become conscious of the necessity to make it.
Related elements in help of the late utility being accepted can embody the next, however these must be “based on credible information and supporting evidence” that the individual:
- is a first-time applicant to the EU Settlement Scheme with a residence doc issued beneath the EEA Rules, indefinite go away to enter or stay beneath one other route or lengthy steady UK residence recognized by the automated checks of tax and advantages information
- has an EEA nationwide partner, civil accomplice or sturdy accomplice or different shut member of the family or members who utilized in-time to the scheme, however believed that they might depend on a residence doc issued beneath the EEA Rules
- has a compliant optimistic immigration historical past
- has acquired incorrect recommendation from an employer or landlord because the finish of the grace interval on 30 June 2021 as to their proper to work or lease within the UK with out EU Settlement Scheme standing
- has travelled out and in of the UK since 30 June 2021 with out being signposted to the scheme
The steering says that folks on this scenario will nonetheless must fulfill the House Workplace resolution maker “on the balance of probabilities” that they’ve cheap grounds for making the late utility. The extra of the above elements which might be current in a case, the stronger the argument shall be for the applying to be accepted.
The primary instance supplied within the steering is the place an individual was issued with a everlasting residence doc beneath the EEA Rules and didn’t realise that this was affected by Brexit. He then left the UK for 2 years to take care of a severely ailing dad or mum. When he returned to the UK he confirmed a possible employer his everlasting residence doc for a proper to work examine and was informed this was now not accepted and he wanted to use beneath Appendix EU, which he then did.
The second instance given is of a non-EEA citizen who has lived within the UK since 2007. She relies on her son and his EEA citizen spouse and speaks little English. Her everlasting residence card expired in December 2023 and when she went to resume it she was informed this was not potential and she or he wanted to use beneath Appendix EU, which she then did.
Returning residents
There was a small addition to web page 15. This directs anybody who has been granted indefinite go away to enter or stay beneath Appendix EU, however who has misplaced this on account of spending greater than 5 years exterior the UK, to apply as a returning resident in the event that they wish to return to the UK for settlement.
Concession for sure kids of a ‘relevant EEA family permit case’
There’s a new part on web page 22 “Concession for certain children of a ‘relevant EEA family permit case’”. This is applicable the place the dad or mum is a dependent relative who meets subsection (a) of the definition of a ‘relevant family permit case’ at Annex 1 of Appendix EU and the kid was born exterior the UK both:
- earlier than 11 pm on 31 December 2020 and a sound utility for an EEA household allow was not made beneath the EEA Rules earlier than then, or
- after 11pm on 31 December 2020 and so it was not potential to make such an utility earlier than then
The place this is applicable and the kid was granted an EU Settlement Scheme household allow exterior Appendix EU (Household Allow) to both accompany their mother and father to the UK or be part of them there, an utility will be made for the kid as a member of the family (dependent relative) of a related EEA citizen. They’ll then be deemed to satisfy the required necessities, though the applying should be made “as soon as reasonably practicable” and usually inside three months of arrival to the UK.
Conclusion
Time will inform if these modifications are sufficient to stem the rising variety of media experiences of EEA nationals who’re experiencing difficulties on account of late purposes. It does appear unlikely, given the variety of points recognized in our previous coverage of this, which stay unaddressed by these modifications.
