By Eve Loveman – Authorized Affiliate
Our previous post summarised Residence Workplace steerage on what counts as cheap grounds for making a late utility to the EU Settlement Scheme.
As of 16 January 2024, the Residence Workplace steerage was up to date once more. This submit focuses on up to date steerage for individuals who didn’t realise they wanted to make an utility to the EU Settlement Scheme, and are actually making use of late. Specifically, this impacts these making use of late as a result of that they had not realised that their residence doc issued beneath EEA rules is not legitimate.
Deadlines for EU Settlement Scheme Functions and the Risk of Making a Late Software
The deadline for many functions to the EU Settlement Scheme was 30 June 2021. As set out in our earlier post, a unique deadline applies in sure circumstances. Specifically, for members of the family of EEA residents arriving within the UK on an EU Settlement Scheme Household Allow after 01 April 2021, the deadline for making an utility to the EU Settlement scheme is three months after their arrival within the UK (and earlier than their allow expires).
Beneath the Withdrawal Settlement between the UK and the EU, if an applicant has cheap grounds for failing to respect the preliminary deadline relevant to them, the Residence Workplace should give them an additional cheap time frame to use. The take a look at set out in Residence Workplace steerage is whether or not ‘on the balance of probabilities and based on all the information and evidence provided by the applicant or otherwise available’, they’re happy that ‘at the date of application, there are reasonable grounds for the person’s delay in making their utility beneath the EU Settlement Scheme’.
Since 09 August 2023, the Residence Workplace has been taking a extra stringent method to assessing late functions beneath the EU Settlement Scheme. Residence Workplace steerage now states that, ‘in general, the more time which has elapsed since the deadline applicable’ to an individual beneath the EU Settlement Scheme, the ‘harder it will be’ for them to fulfill the Residence Workplace that there are cheap grounds for his or her delay in making their utility.
The Residence Workplace steerage units out instance situations more likely to represent cheap grounds for an individual’s delay in making their utility. These instance situations are summarised in our earlier post and nonetheless apply beneath the present steerage. The up to date steerage goes on to elucidate the method the Residence Workplace will take to circumstances by which an individual was unaware of their want to use to the EU Settlement Scheme, as set out beneath.
Late Software Based mostly on Lack of Consciousness of the Must Apply Earlier
The present Residence Workplace steerage states that the truth that somebody was unaware of the requirement to use to the EU Settlement Scheme by the related deadline will, in itself, typically not be thought of an affordable floor for delay. Nevertheless, as of 16 January 2024, the steerage accepts that there are particular circumstances by which an individual could also be held to have had an affordable perception that they didn’t want to use earlier to the EU Settlement Scheme.
The steerage signifies that caseworkers might have in mind the next components:
The Applicant Is a First-Time Applicant to the EU Settlement Scheme With a Residence Doc Issued Beneath the EEA Laws
A UK everlasting residence doc issued beneath EEA rules is no longer valid in the UK; these with a everlasting residence doc issued beneath the EEA rules want to use for one more sort of go away, corresponding to go away beneath the EU Settlement Scheme. An individual with a documented proper of everlasting residence issued beneath the EEA rules, who has not been exterior the UK and Islands repeatedly for a interval of greater than 5 years since they had been issued with their everlasting residence doc, is more likely to meet the eligibility necessities for settled standing beneath the EU Settlement scheme. Nevertheless, with a purpose to make a legitimate utility to the scheme, it’s needed to indicate cheap grounds for delay within the utility.
These with a residence doc issued beneath EEA rules might not have been conscious that their doc is not legitimate. The up to date steerage lists having a residence doc issued beneath EEA rules as an element that will contribute to an individual having had an affordable perception that they didn’t want to use to the EU Settlement Scheme. If somebody was unaware that their residence doc issued beneath EEA rules is not legitimate, this needs to be defined and evidenced in an utility to the EU Settlement Scheme.
The steerage additionally signifies that if an applicant has an EEA nationwide partner, civil associate or sturdy associate, or different shut members of the family who utilized in-time to the EU Settlement Scheme, however believed that they themselves might depend on a residence doc issued beneath the EEA rules, that is one other related issue that needs to be defined to proof cheap grounds for delay.
The Applicant Is a First-Time Applicant to the EU Settlement Scheme With Lengthy Steady UK Residence
The steerage means that if an applicant has lengthy steady UK residence recognized by tax or advantages information, this may additionally level in direction of having cheap grounds for delay in making use of to the EU Settlement Scheme if making use of for the primary time.
The Applicant Has a Compliant Constructive Immigration Historical past
The steerage signifies that an applicant will likely be thought of extra more likely to have had an affordable perception that they didn’t want to use earlier to the EU Settlement Scheme in the event that they in any other case have a compliant constructive immigration historical past.
The Applicant Has Acquired Incorrect Recommendation From an Employer or Landlord Concerning Their Proper to Work or Hire within the UK
If an applicant has proof that they had been incorrectly instructed by their employer that they continued to have the appropriate to work within the UK since 30 June 2021, or they’ve proof that they had been suggested by their landlord that they continued to have the appropriate to hire within the UK, this can be utilized as proof that the applicant has cheap grounds for delay in making their utility.
The Applicant Has Travelled in and Out of the UK Since 30 June 2021 With out Being Signposted to the Scheme
Having travelled out and in of the UK since 30 June 2021 with out being signposted to the EU Settlement Scheme is one other issue that will recommend an applicant had an affordable perception that they didn’t want to use earlier to the Scheme. If candidates have travelled into and out of the UK because the 30 June 2021 deadline with out being signposted to the scheme, they need to present proof of their journey, as an example by offering passport stamps and corroborating journey bookings.
Evaluation of These Components
The steerage means that if solely considered one of these components is current, this ‘may or may not be sufficient’ and that caseworkers will contemplate whether or not a number of components are current. Circumstances have to be thought of ‘in the round’, within the gentle of their explicit circumstances and the proof offered.
The steerage emphasises that after an individual grew to become conscious of their want to use to the scheme, they need to have utilized with out additional grounds for delay, with a purpose to be deemed to have cheap grounds for making a late utility general. Because of this it is vitally vital for candidates to use to the EU Settlement Scheme as quickly as they’ll as soon as they realise that they should make an utility.
Contact Our Immigration Barristers
If you happen to assume that you have to make a late utility to the EU Settlement Scheme, you will need to search authorized recommendation and to make sure that your utility is correctly evidenced. That is significantly vital because the Residence Workplace steerage suggests {that a} restrictive method will likely be taken to contemplating repeat functions to the Scheme.
For professional recommendation in relation to a UK visa utility or immigration enchantment, contact our immigration barristers on 0203 617 9173 or full our enquiry kind beneath.
