As many EU nationals in the UK should now be aware of, today, Wednesday 30 June 2021 is the deadline to apply under the EU Settlement Scheme. EU nationals and their family members who wish to continue living and working in the UK will need to submit an application under the EU Settlement Scheme in order to secure their status, otherwise, they will be classed as an overstayer. Whilst the UK Government has promised a “pragmatic and flexible” approach to dealing with late applications, Applicants must demonstrate they have reasonable grounds for missing the 30 June 2021 deadline. Applicants who are unsuccessful with their application under the Scheme can challenge the decision by way of appeal or administrative review. As many Applicants are awaiting a decision on their application, thankfully the deadline to submit an EU Settlement Scheme Appeal or Admin Review will depend on when the decision letter is received.
What is an EU Settlement Scheme Appeal?
One way to challenge a negative EU Settlement Scheme application decision is to submit an appeal. An appeal may be submitted to the First Tier Tribunal under the Immigration (Citizens Rights Appeals) (UK Exit) Regulations 2020 (SI 2020 No. 61) (“UK Exit Regulations”). This legislation came into force on 31 January 2020 and gives unsuccessful EU Settlement Scheme Applicants who applied on or after 31 January 2020 a right of appeal against that decision. An appeal can be submitted if the decision is not in accordance with the EU Settlement Scheme rules, or if it breaches the Applicant’s rights under the Withdrawal Agreement, the EEA EFTA Separation Agreement, or the Swiss Citizens’ Rights Agreement.
Applicants who are in the UK on the date of the decision will have 14 calendar days to submit an appeal and Applicants who are outside the UK on the date of the decision have 28 calendar days to submit an appeal. Applicants must pay the court fee of £140 if they want an oral hearing, or £80 without a hearing. Cases will be considered by an independent Judge.
Submitting an EU Settlement Scheme Appeal in relation to an EUSS Family Permit Application
Applicants who have been granted an EUSS Family Permit which has subsequently been cancelled or revoked on or after 31 January 2021 also have a right of appeal against that decision. This applies to circumstances where a person is refused leave to enter at the border as well as where they have entered the UK and converted their leave to enter (the EUSS Family Permit) to Pre-Settled Status. Applicants who have also had their Pre-Settled Status or Settled Status curtailed will also be given an appeal right. The same appeals process mentioned above is then followed.
What is an EU Settlement Scheme Administrative Review?
Alternatively, Applicants can challenge an EU Settlement Scheme application decision by submitting an administrative review if in the refusal the decision-maker has either:
- Made an error; or
- Did not follow the published guidance; or
- Where the Applicant has new information or evidence in support of the application.
Eligible decisions can also include if Settled or Pre-Settled Status is cancelled at the border. Applicants have 28 calendar days from the date the decision letter is received to submit an administrative review online and this can be submitted regardless if the Applicant is inside or outside the UK. There is a small fee of £80 per person to apply for an administrative review; however this will be refunded if the original decision is withdrawn or if the application is rejected because it is invalid.
Using our Immigration Solicitors in London to submit an EU Settlement Scheme Appeal
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an EU Settlement Scheme appeal.
Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your EU Settlement Scheme appeal succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your EU Settlement Scheme appeal meets the rules.
Successfully submit an EU Settlement Scheme Appeal with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your EU Settlement Scheme appeal before your matter even reaches the relevant department or Tribunal. We can assist you with the preparation and submission of your appeal and prepare grounds and an appeal bundle.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts.
Preparation is the key to a successful EU Settlement Scheme appeal. Our UK immigration and visa solicitors are here to guide you through the complex rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.