The Independent reported at the end of last week that more than double the number of those anticipated as being eligible under the EU Settlement Scheme had applied by the end of "the grace period" with some 6.2 million applications under the scheme.
Systems were jammed as last minute applications were squeezed through on 30 June 2021.
It is important to be aware that late applications are still possible.
The Guidance to Home Office caseworkers states:
"In line with the Citizens’ Rights Agreements, there remains scope, indefinitely, for a person eligible for status under the EU Settlement Scheme to make a late application to the scheme where, in light of all the circumstances and reasons, there are reasonable grounds for their failure to meet the deadline applicable to them... In line with the general approach under the EU Settlement Scheme of looking to grant status, rather than for reasons to refuse, you must take a flexible and pragmatic approach to considering, in light of the circumstances of each case, whether there are reasonable grounds for the person’s failure to meet the deadline.... In general, the more time which has elapsed since the deadline applicable to the person under the scheme, the harder it will be for them to satisfy (this) ".
Where an Immigration enforcement officer encounters a person who may have been eligible under the EU settlement scheme they are required to: " provide the person with a written notice giving them an opportunity to make a valid application under Appendix EU, normally within 28 days of the date of the written notice. The officer will not consider whether, if the person is within the scope of the EU Settlement Scheme, there are reasonable grounds for their failure to meet the deadline applicable to them under it..."
Whether reasonable grounds for a late application exist will be examined only when a person actually makes such an application albeit following a prompt by a 28 days notice.
Author: Nilmini Roelens
See The Independent article below: