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Many of you reading this blog will already know, the deadline for most people to apply under the EU Settlement Scheme was 30 June 2021, however, you can still apply if the deadline for you to apply is after 30 June 2021, or if you have ‘reasonable grounds’ for why you did not apply before 30 June 2021. Interested?…keep reading…

If neither of the above applies to you then the default position is that your residence in the UK will be unlawful, and this will have a detrimental impact on your life here in the UK, as you will no longer have any legal status in the UK.

Who is exempt from the deadline of 30 June 2021?

You are exempt from the deadline of 30 June 2021 and can apply later if you are:

• the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and you join them in the UK on or after 1 April 2021 – you have 90 days to apply from when you arrive in the UK. This only applies if you join them in the UK on or after 1 April 2021. If you joined them before that date, your deadline to apply was 30 June 2021.

• applying for your child, who was born or adopted in the UK on or after 1 April 2021 – you have 90 days from when they were born or adopted. If they were born or adopted in the UK before that date, your deadline to apply was 30 June 2021.

• the family member of an eligible person of Northern Ireland, but they could not move back to the UK by 31 December 2020 without you – you must be from outside the EU, Switzerland, Norway, Iceland or Liechtenstein – you have 90 days to apply from when you arrive in the UK. If you are exempt from immigration control, you do not have to apply to the scheme. If you choose to do so, you can apply at any time. If you stop being exempt, you will have 90 days to apply. If you have limited leave to enter or remain in the UK which expires after 30 June 2021, you must apply before your leave expires.

• exempt from immigration control, or you stopped being exempt from immigration control after 30 June 2021

• here with limited leave to enter or remain in the UK (for example, if you’re here on a work or study visa) which expires after 30 June 2021

• a family member of a British citizen who you lived with in the EU, Switzerland, Norway, Iceland or Liechtenstein – you must have lived with them in that country by 30 December 2020, and returned to the UK with them – you must apply by 29 March 2022.

What is the “reasonable grounds” rule?

As is the case with many of our domestic Immigration terminology, you will not be surprised to learn that there is no actual definition for what amounts to “reasonable grounds” for late applications.
The Home Office guidance provides us with some examples as to what may amount to “reasonable grounds” for late applications. The list is not exhaustive but can be used as guidance for late applications.

The list is as follows:

• you are a child or applying for your child, and you did not know you needed to apply
• your parent, guardian or local authority did not apply for you when you were a child
• you have, or had, a medical condition which prevented you from applying
• you lacked the physical or mental capacity to apply
• you have care or support needs, or those caring for you were unaware of the deadline
• you have been the victim of modern slavery
• you have been in an abusive or controlling relationship
• you did not have internet access or access to relevant documents
• you came to the UK on a work or study visa and became eligible to apply to the EU Settlement Scheme while you were here, but did not know you could apply
• you already have indefinite leave to enter or remain, and you did not know you could apply to the scheme
• you had permanent residence status or a residence document that stopped being valid after 30 June 2021, and you did not know you needed to apply to the scheme
• you had difficulty accessing support to apply because of coronavirus (COVID-19) restrictions
• another compelling practical or compassionate reason prevented you from applying

Each case is specific, therefore, your legal team will be able to assess your individual circumstances and advise you whether you have reasonable grounds for a late application under the EU Settlement Scheme.

Why should I instruct Henry Hyams Solicitors?

At Henry Hyams Solicitors we have a specialist Immigration team that has over 30 years of combined experience in assisting our clients with their immigration matters, and we have a very high success rate. Our Client reviews reflect our work ethos. In respect of our legal fee, we offer a competitive fixed-fee service, so there are no nasty surprises at the end.

If you would like to discuss your immigration application then please contact our immigration team. Henry Hyams has a highly experienced immigration team to guide you at every stage of your application. Henry Hyams Solicitors have been providing legal advice for over 80 years. We have experienced solicitors who have been providing immigration advice, assistance to clients nationally and internationally for many years.

Asif Hanif
Immigration Solicitor at Henry Hyams Solicitors, Oxford House, Oxford Row, Leeds, LS1 3BE