In its newest iteration of the guidance on EU Settlement Scheme (EUSS) applications the Home Office has significantly reduced its willingness to accept late applications.

The deadline to make an application for pre-settled or settled status under the EUSS was 30 June 2021. Since then, the UK authorities have applied a pragmatic attitude to applications submitted after this date. They have now decided that some grounds for a delay in making an application that until recently would have been acceptable will no longer be accepted.

For example, until recently, a lack of awareness of the requirement to apply to the EUSS by the deadline or failure to make an application in time because of lack of internet access, limited computer literacy, or limited English language skills were valid reasons. These will generally no longer be considered reasonable grounds for the delay unless there are other very compelling practical or compassionate reasons, such as lacking the physical or mental capacity to apply or having significant, ongoing care or support needs.

Delays due to the COVID-19 pandemic and forgetting or being too busy to apply are also no longer valid reasons for late applications. The Home Office does concede that every case will be considered on its merits, but it is clear that from now on late applications are much less certain to be approved than they were previously.

Originally published 29 August 2023

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.