Written by 12:12 pm European Union

Late Applications Under The EU Settlement Scheme (‘EUSS’) – General Immigration


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EUSS Application deadlines

For EU, EEA and Swiss citizens resident in the UK by 31 December
2020, the deadline for applications to be made to the EUSS was 30
June 2021.

Consequences of missing the deadline

EU, EEA or Swiss citizens and their family members who were
resident in the UK by 31 December 2020 but did not make an EUSS
application before the deadline, are no longer covered by EU free
movement laws and are not protected under UK law. This includes
their right to live, work, study, access benefits and access
services in the UK ceasing until such time as it is recognised with
a grant of time-limited permission (‘pre-settled status’)
or indefinite leave to remain in/ enter the UK (‘settled
status’) under the EUSS.

Where EU/Swiss nationals and their family members do not secure
pre-settled or settled status and continue living in the UK, they
are likely to encounter difficulties in securing or maintaining
employment, a bank account, driving licence, renting a property or
accessing free healthcare.

In addition, these individuals travelling into the UK without
EUSS permission are likely to experience increased scrutiny by UK
border officials resulting in delays and questioning at the
airport, refused admission, or admission in a capacity which
prohibits work, study or receiving medical treatment.

Healthcare

Those awaiting the outcome of an EUSS application submitted by
30 June 2021 are still entitled to free healthcare, subject to the
ordinary residence test, until receiving the outcome of their
application. 

Late applicants may receive free NHS healthcare from the date of
the Home Office acknowledgement of their application until
receiving the decision, and beyond this if permission is
granted. 

EU, EEA or Swiss citizens or their family members without a
valid immigration status may be charged for NHS healthcare, unless
classed as emergency treatment. 

Late applications

The Home Office accepts late applications. Caseworkers are
instructed to give applicants ‘the benefit of any doubt’ in
considering whether there are reasonable grounds for the
applicant’s delay in making their application. However,
applicants are expected to provide documentary evidence of
residence in the UK for the relevant period of residence and
evidence substantiating the reasons for the delay in applying
beyond the deadline with their applications.

You should first 
check your eligibility
 to apply for the EUSS. Eligible
applicants should submit an application as soon as possible.

The following individuals do not need
to apply to the EUSS:

  • EEA/Swiss nationals who have naturalised as British
    citizens;

  • EEA/Swiss nationals and their relatives who hold indefinite
    leave to remain in the UK (ILR) or indefinite leave to enter the UK
    (ILE); and

  • Irish citizens. 

Individuals who hold current UK immigration permission in
another immigration category or who are overseas but are eligible
by virtue of a qualifying relationship to an EEA/Swiss national who
holds pre-settled or settled status
are not considered to be late applicants
if they apply under the EUSS. 

EUSS Family Permits

Applications under the EUSS are not permitted from relatives of
EEA/Swiss nationals in the UK as visitors; they must first apply
for a short term ‘EUSS Family Permit’ prior to travel to
the UK, then apply under the EUSS within three months of arrival in
the UK. 

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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