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How to prove late application reasons under EU Settlement Scheme?

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May 13, 2024

Why it is necessary to prove reasons for late application submission?

Since August 2023, each applicant is required to justify and documentarily prove the reasons for the late submission of applications under the EU Settlement Scheme. This is associated with the gradual and smooth closure of this scheme and the UK's exit from the EU.

In general, the deadline for submitting applications under the EU Settlement Scheme expired on June 30, 2021. After that, provisions were introduced allowing for late applications in cases where the delay was justified. Previously, reasons such as lack of knowledge of the English language, inability to access the internet, and many others were accepted. In addition, missing the deadline due to common personal circumstances, such as work commitments, will also be considered as an invalid reason.

What will happen if I cannot prove the reasons for late submission?

Starting in 2024, outdated reasons for late submission will no longer be considered. This means that your application will be automatically rejected without review and the right to administrative review. You will also not be able to obtain a Certificate of Application, which protects your rights in the UK during the application review.

In all cases, the Home Office uses a "probability" approach to assess the justification for the late application. When submitting a late application, it is extremely important to demonstrate that there were valid reasons for the entire delay overall, rather than just non-compliance with the relevant deadline.

However, it is important to remember that this is not an exhaustive list of acceptable and unacceptable reasons for late submission, and each case will be considered based on its specific circumstances and evidence provided.

How to prove the reasons for late submission according to the new guidance?

The new guidance asserts that your application may be eligible for review if you can prove reasons such as:

  • Lack of physical or mental capacity (or other medical reasons) preventing you from submitting an application:
  • Undergoing serious medical examinations or surgeries;
  • If you are (or have been) in controlling relationships
  • Being in custody (in prison) and unable to submit an application independently;

Please note that in any case, the Home Office will be able to consider and accept your individual situation (if you do not fall under this list of reasons for late submission).

How can Melrose Immigration Lawyers assist you?

Our team is highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail.