Eligibility to Submit a Late Application to the EU Settlement Scheme

If you’re an EU, EEA or Swiss citizen—or a close family member of one—who arrived in the UK before 31 December 2020 but don’t yet have pre-settled or settled status, you may still be eligible to apply to the EU Settlement Scheme. Late applications are still being accepted in many cases, and we continue to support migrants navigating this process.

Keep reading to find out if you might qualify for a late application—and what steps to take next.

Grounds for a Late Application

Those who are eligible to apply to the EU Settlement Scheme can still apply for settled or pre-settled status even after the deadline of 30th June 2021. Late applications, however, are considered at the discretion of the Home Office..

There is also an added burden for late applicants, before their application is accepted, they must explain and prove why they were unable to apply before the deadline. A Home Office caseworker will assess both the reason and the supporting evidence for the delay and will decide whether the application meets the criteria for being accepted late. The caseworker guidance includes a non-exhaustive list of reasonable grounds for making a late application, such as:

• Children (including children in care or care leavers)
• Physical or mental capacity and/or care or support needs
• Serious medical condition or significant medical treatment
• Victim of modern slavery
• Abusive or controlling relationship or situation
• Other compelling practical or compassionate reasons
• Ceasing to be exempt from immigration control
• Existing limited or indefinite leave to enter or remain
• Document or status under the EEA Regulations

Only when the caseworker accepts the validity of the application (whether the applicant meets the grounds for making late application) they will issue a Certificate of Application.

If the caseworker decides that the applicant did not provide sufficient explanation and evidence of their reasons for applying late, the application can be rejected (not refused!) as invalid. This means that the caseworker will not process the application and as a consequence, the applicant does not have the right to appeal the decision.

Having the application rejected as invalid, also means that no Certificate of Application will be issued, so that person has no right to reside in the UK or even temporary protection of their rights for the duration of the application or appeal process.

It is, therefore, crucial to the success of making late application, to gather strong evidence together with explanation for reasons of not being able to apply in time. The more time has passed from the application deadline, the more difficult will be to convince the caseworkers, not only that the applicant was not able to apply before 30.06.2021, but also why they did not make a late application earlier (e.g. in 2022 or 2023).

How to Prepare to Submit a Late Application

People living in the UK who do not have a valid immigration status and who want to make a late application should act fast. The longer they wait, the more difficult it would be to make a successful application. Our first piece of advice is to get legal support. If you are based in Scotland, we can help you, email us at immigration@citizensrightsproject.org.

It is also important, however, to prepare as much information as possible to share with your legal adviser. Late applicants should ask themselves important questions before starting their application:

• What are your reasons for not applying before 30.06.2021 and in the years after the application deadline? Was it more than one reason? How do they fit into the list of reasonable grounds for applying late?
• What documents can you obtain to prove that the reasons you claim are genuine? The more official documentation you can get, the better. Medical documents, letters from organisations or institutions that can confirm your situation that prevented you from applying in the past, would be incredibly valuable.
• Do you have evidence of your residence in the UK before 31 December 2020 and since then? The Home Office does not always automatically pick up proof of residence—especially if you haven’t been working recently, don’t have a National Insurance number, or haven’t interacted with official systems.

It’s important to collect documents such as tenancy agreements, utility bills, school or GP letters, or bank statements to demonstrate your ongoing residence. You can find the official list of acceptable documents to prove residence on the UK government website here. Not having a valid immigration status can make your live in the UK extremely difficult. You won’t be able to work, receive benefits or access healthcare for free. Your rights are not protected. Making a late application as soon as possible is important, but it needs to be carefully prepared before being submitted, otherwise it may not succeed.

You don’t have to do this alone

As the process of applying late is becoming more and more complex and difficult, we strongly recommend seeking professional help with the application. Citizens Rights Project continues providing free, multilingual support for people living in Scotland. People living in other parts of the UK can also find organisations providing EUSS support.

If you need help with making late application, please contact us at immigration@citizensrightsproject.org