How do I apply late to the EU Settlement Scheme? 

What happens if I missed the EU settlement scheme deadline to apply?

In most cases EU citizens and their family members living in the UK by 31 December 2021 were required to apply to the scheme by the 30 June 2021 deadline (this does not apply to joining family members who moved to the UK after 01 April 2021 – see applicable deadline in the section Family members who do not live with you in the UK at the moment). However, a condition of the Withdrawal Agreement is that the Home Office must accept late applications to the scheme, where there are “reasonable grounds” why someone has missed the deadline. In other words, if there is a good reason why you did not make your application by the deadline and can justify your delay in applying, you can still be granted settled status or pre-settled status. 

The first thing that will be considered when you make a late application is the reason for missing the deadline as the Home Office will only process applications where they accept there are reasonable grounds for the delay in making the application. If it is accepted that you have good reasons for making a late application, you will be issued a certificate of application which gives your temporary rights (We have provided more information about your rights whilst the Home Office processes your application in the section What are my rights whilst I am waiting for my EU settlement scheme decision?). Your suitability (criminal convictions etc), and then your eligibility (your residence in the UK and family relationship if relevant), will then be assessed to see if you meet the conditions to be granted settled status or pre-settled status. If the Home Office does not accept you have good reasons for missing the deadline, the application will be rejected as invalid; we have set out more information about this below. 

To help understand what a good reason for missing the deadline might be the Home Office has published guidance for those late to the scheme. If the Home Office accepts you have a good reason for missing the deadline and for the length of delay before you made your application, they will go on to consider whether you meet the residence conditions to be granted settled and pre-settled status and your family relationship to an EU citizens (if you are applying as a family member). 

Examples of good reasons for applying late to the EU settlement scheme?

The reasons why someone may have missed the deadline to apply can vary and therefore the Home Office guidance cannot list every possible good reason. Just because your reason for applying late is not included in the guidance does not mean it is not a good reason, so you should still make an application explaining as best you can the reasons why you did not apply by 30 June 2021. If your reason for applying late is covered by the examples in the guidance there is a strong change the Home Office will accept your late application. Examples in the guidance include: 

• Children (including children in care and care leavers) who have not had an application made for on their behalf by parents or a local authority.
• Those without physical or mental capacity and/or care or support needs that prevented them making an application
• Those with serious medical conditions or receiving significant medical treatment preventing an application
• Being a victim of an abusive or controlling relationship or situation
• Other compelling practical or compassionate reasons such as lack of awareness of the scheme 

How do I apply late, is there a specific application form?

You can apply late to the scheme using the online application form or paper application form (please see the above section How do I apply for settled status or pre-settled status?). The application will ask you why you are applying late and so you must explain your reason(s) and provide evidence where available.  If you do not provide enough information about your late application reason(s), the Home Office might contact you to request additional information or evidence. However, there is no guarantee that the Home Office will contact you and so it is very important to provide as much detail about the reasons you are applying late and all the supporting evidence that you have when you make the application. If the Home Office does contact you for more information, it is important that you respond within the time limit given or ask for more time to provide information (explaining why you need more time), otherwise the Home Office will decide the application based on the information they have, which might not be enough to show that you have a good reason for missing the deadline.

How do I know if the Home Office has accepted my reasons for applying late?

If the Home Office accepts that you have shown reasonable grounds for missing the deadline and for your delay in applying to the scheme, they will issue you with a letter called a certificate of application which protects your rights whilst your application is processed (see the section What are my rights whilst I am waiting for my EU settlement scheme decision?).

What happens if my reasons are not accepted my reasons and my application is rejected?

If the reasons you provide are not accepted by the Home Office your application will be rejected. A letter explaining why your late application has not been accepted will be sent to you. You cannot challenge a rejection decision by administrative review or appeal as the only legal challenge you can bring is a “judicial review”. if your late application is rejected, you are strongly advised to speak to a qualified and regulated legal adviser immediately to discuss your options. In some cases, it may be possible to submit another late application with stronger justification or potentially to bring a judicial review against the decision to reject your application. We have provided more information about finding a qualified legal adviser in the section Where can I find regulated immigration advice?.

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This site offers information about Brexit, how it may impact you as an EU citizen and your family living in the UK, and what you may need to do next. It summarises key issues and is purely for information purposes and has no legal force. It does not provide any legal interpretation of EU or UK legislation and is not meant to replace specialised legal advice on UK immigration rules.