The EU Settlement Scheme was a UK government initiative designed to grant European Union (EU), European Economic Area (EEA), and Swiss citizens and their family members the right to continue living in the United Kingdom following Brexit. The initial deadline to apply for the EU Settlement Scheme was June 30, 2021. However, late applications can be accepted under certain circumstances, provided there are reasonable grounds for missing the original deadline.
The UK Home Office has outlined several scenarios that may constitute reasonable grounds, including but not limited to:
Children
- A parent, guardian, or local authority failed to apply on behalf of a child.
- The child turned 18 after the deadline and was unaware they needed to apply.
Physical or Mental capacity
- The applicant had a serious medical condition or was undergoing significant medical treatment that prevented them from applying.
- The applicant had mental health issues or lacked the mental capacity to apply in time.
Care and Support
- The applicant was in care or otherwise reliant on a local authority or health and social care trust.
- The applicant was a victim of modern slavery or human trafficking.
Abusive or Controlling relationships
- The applicant was prevented from applying in time due to an abusive or controlling relationship or situation.
Other compelling or Compassionate grounds
- The applicant faced other compelling or compassionate circumstances, such as a bereavement or significant family crisis.
- The applicant experienced technical issues or lacked access to the necessary documentation.
Misunderstanding or Lack of awareness
- The applicant genuinely misunderstood the requirements of the scheme or was unaware of the need to apply by the deadline.
It is worth noting that the applicant must still meet the initial eligibility criteria, and for most individuals:
- They must be from the EU, Switzerland, Norway, Iceland or Liechtenstein and living in the UK by 31 December 2020.
- They are a family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who started living in the UK by 31 December 2020 and has settled or pre-settled status.
Other considerations
The Home Office considers each case individually, and the acceptance of a late application is at their discretion based on the provided grounds and supporting evidence. The reasons should also cover the whole period since the deadline has passed, and the Home Office have taken a stricter approach over time.
A ‘reasonable excuse’ for a late application has also been classified as a validity requirement rather than an eligibility requirement. This means that the Home Office will consider the reasons provided before considering the applicant’s eligibility, and they will invalidate the application if it does not meet its criteria for a ‘reasonable excuse’. Once an application is invalid, there is no right of appeal or recourse to apply for an administrative review. Further, a Certificate of Application will only be provided after the Home Office have decided that there is a ‘reasonable excuse’ for the delayed application.
Applicants must ensure that justify their individual circumstances by providing a strong case with ample supporting documents. They should also look to apply as soon as possible to allay any doubts from the processing officer. It is worth noting that simply being unaware of the ability to apply does not constitute a sufficient excuse.
