Who can apply for settlement after June 30, 2020: the list of exceptions

Home Office has updated the EU Settlement Scheme. The amendment contains the list of exceptions regarding those who can submit a late application for a Settled status or Pre-settled status, provided they have reasonable grounds for this.

This amendment concerns those whose status in the UK is now undetermined as a result of Brexit. When the UK was a member state of the EU, European citizens had a free access to the UK. Some of them would get a job in the country and settle.

Home Office has specifically designed a programme for such people. In order to continue living in the country legally, they must get settlement or a pre-Settled status. We have already covered this in our previous article concerning the issue.

The deadline for the application is June 30, 2021. That is why the authorities have been repeatedly accused of giving too short a period of time to go through all the necessary formalities. The Joint Council for the Welfare of Immigrants even initiated legal proceedings claiming that the rights of migrants are violated. The court did not find anything of the kind. But because of the popular discontent the Government promised to reconsider the policy.

And recently the Home Office has issued an update saying that the deadline is not going to be reconsidered. However, there are several kinds of exceptional circumstances which will give you the right for late application after June 30, 2021. They are as follows:

• minors, whose parents or guardians failed to meet the deadline for application;
• people who failed to submit the application to the Home Office because of illness;
• people who failed to meet the deadline because of grave physical or mental condition;
• people who failed to meet the deadline because of other reasonable grounds which will be considered on an individual basis.

In each case mentioned above you will have to provide relevant evidence. It is not yet clear what evidence will be accepted. Besides, the last clause leaves a lot of room for interpretation. It is possible that it is included in the amendment in order to cover further unpredictable covid-related restrictions.

It is obvious, however, that the best solution would be to apply as soon as possible. Should you need any help with filling in application forms or preparing evidence to get settlement or pre-Settled status, book a consultation with experts at Imperial & Legal. We constantly monitor the situation and will do everything necessary under your circumstances.