Indefinite Leave to Remain : the Reasonable Grounds Test
Summary of Information
The Independent Monitoring Authority (IMA) has completed a compliance case into the potential impact of the Reasonable Grounds Test (RGT), introduced in August 2023, on individuals with Indefinite Leave to Remain (ILR) held under another route since before the end of the transition period on 31 December 2020 who make a late application to the EU Settlement Scheme (EUSS).
While individuals with such ILR are not required to apply to the EUSS, they may choose to do so. The compliance case considered whether the requirement under the RGT to demonstrate reasonable grounds for the delay in applying in order to make a valid EUSS application after the 30 June 2021 deadline could disadvantage this group of individuals or affect their ability to apply.
The IMA also examined the clarity of Home Office guidance and whether relevant individual circumstances are appropriately considered in RGT decision-making.
Summary of Actions and Evidence
To assess these issues, the IMA engaged with the Home Office, conducted research, and gathered evidence. This included:
- Engagement with stakeholders
- Direct correspondence and formal information requests to the Home Office
- Review of published policy, caseworker guidance, and operational processes
- Intelligence gathering
The IMA did not receive any formal complaints relating to ILR holders being adversely affected when applying late to the EUSS. Intelligence reporting and anecdotal evidence gathered from stakeholders did not identify cases where individuals were prevented from making a successful late EUSS application due to the RGT.
The Home Office confirmed that late EUSS applications from ILR holders will be accepted for substantive consideration where there are reasonable grounds for the delay in applying, with decisions made on a case-by-case basis considering all relevant circumstances.
Summary of Decision
Based on the available evidence, the IMA has concluded its consideration of this matter and will take no further action at this time. This decision reflects the information available to the IMA, which has not indicated that ILR holders are being systematically disadvantaged by the RGT.
The IMA has published information to support citizens’ understanding of the differences between ILR held under another route and that available under the EUSS (which is also referred to as ‘settled status’) and the implications of applying late. The article can be found here.
Should the IMA receive any further information or complaints relating to this issue, these will be assessed and, where appropriate, may inform further action in accordance with its statutory functions.
