EU Settlement Scheme – Reasonable Grounds for Late Applications

Summary of Information

For EUSS applications made from 9 August 2023, Appendix EU to the Immigration Rules was changed, so that, for the application to be valid (and the person’s eligibility considered), it must be made by the ‘required date’. This means that, where the application is made after the relevant deadline, the applicant must show that there are reasonable grounds for their delay in applying.

Where the applicant was living in the UK by 31 December 2020, the deadline for them to apply to the EUSS was 30 June 2021.

A consequence of this change is that those applying to the EUSS after the relevant deadline who cannot show that there are reasonable grounds for their delay in applying will have their application rejected as invalid, rather than receiving a substantive eligibility decision. There is no right of appeal against the rejection of an invalid application. The person may, however, make a further application or consider Judicial Review.

The IMA does not consider the changes were incompatible with the Citizens’ Rights Agreements, which require a person to show that there are reasonable grounds for their delay before being allowed to make a late application for residence status. However, the IMA was concerned with the way the Home Office administers the change and the guidance its caseworkers follow to process applications and consider the grounds presented by an EUSS applicant.

In response to several complaints and information received from citizens and stakeholders regarding the Home Office’s administration of the new validity requirement, the IMA reviewed the actions of the Home Office and its published EUSS caseworker guidance. We also analysed the published EUSS statistics.

Summary of Actions and Evidence 

Upon review of information, data and the caseworker guidance, the IMA has established that:

• The Home Office amended its published EUSS caseworker guidance on 9 August 2023 and 16 January 2024. This requires a case-by-case assessment of the circumstances and reasons for a late application.  From 16 January 2024, this specifically recognised the scope for reasonable grounds for their delay in applying in the case of first-time applicants who had a ‘reasonable belief’ that they were not required to apply to the EUSS, for example, where they held an in-date residence card under the EEA Regulations.
• In December 2023, the Home Office amended its EUSS application form, to increase the word limit of the free text section, for setting out reasonable grounds for making a late application, from 300 to 5,000 words (in addition to any attachments).
• An analysis of the published EUSS Immigration Statistics indicates an initial significant increase in applications being rejected as invalid since the changes made for applications from 9 August 2023. This may suggest the increase is likely to be directly linked to the validity requirement for reasonable grounds for making a late application, together with the closure from that date to new applications of routes under the EUSS for family members of certain British citizens. However, the published data on application outcomes shows that this has not significantly increased the overall number concluded without a grant of status.
• The IMA acknowledges that some eligible EUSS applicants may have had their application rejected as invalid based on the published guidance in place before the 16 January 2024 clarification about first-time applicants who reasonably believed they didn’t need to apply, as explained above. However, there did and does remain scope for them to submit a further application and show that there are reasonable grounds for their delay in applying.
• The volume of information received by the IMA regarding issues relating to the administration of the ‘reasonable grounds’ requirement from complaints, stakeholder reports and media attention has diminished significantly. This may suggest it is likely due to the guidance changes made from 16 January 2024.

Summary of Decision

Based on the evidence gathered, the IMA considers that the concerns raised with the IMA on this compliance case are resolved, with the issue concluded by the IMA, as No Further Action is required.

Nevertheless, it is important to note that the IMA acknowledges that a lack of evidence of continuing issues is not confirmation that there are no issues.  Whilst formal compliance activity has ceased, the IMA is continuing to monitor the situation and may open an investigation if further specific concerns are raised.

In particular, anyone holding Indefinite Leave to Enter or Remain under another route who has experienced difficulty in making a late application to the EUSS, is encouraged to report a complaint through the IMA Portal.

The IMA is also aware of the Immigration Rule Change (HC 217) introduced on 8 October 2024.  In simplified terms, this may mean joining family members will be required to apply to the EUSS within three months of their first arrival in the UK since 31 December 2020 or show that they have reasonable grounds for making a ‘late’ application.  We are therefore monitoring the effect of this change on citizens’ family members.

As stated above, should the IMA receive any further information or complaints about this matter or related issues, these will be considered on their merits and in line with the IMA’s internal processes. The IMA remains able to take further action on these issues, should it be needed, in accordance with its statutory functions.

The IMA would encourage affected citizens to continue to report any issues, whether related to this matter or otherwise.

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