We were recently instructed by a Peru national (“the Applicant”) to assist with making an application for Settled Status under the EU Settlement Scheme. Our client came to us after facing issues in their employment with providing sufficient evidence of their immigration status in the UK.

The Applicant entered the UK in 2001 and was granted a Permanent Residence Card of a family member of an EEA national in 2015.

The case was complex. The deadline for most people to apply for the EU Settlement Scheme was 30th June 2021. The Home Office guidance states that Applicants can still apply for the EU Settlement Scheme if either:

• the deadline for you to apply is after 30th June 2021
• you have ‘reasonable grounds’ for why you are applying now, and not by the deadline or in the time since the deadline passed

Our task was to thoroughly analyse the Applicant’s immigration history and to take detailed instructions from the Applicant to establish if they are ‘reasonable grounds’ for why the Applicant is applying now, and not by the deadline or in the time since the deadline passed.

Our involvement (what we did)

1. 1. Obtaining detailed instructions from the Applicant’s and analysing the Home Office guidance of EU Settlement Scheme for the Home Office definition of ‘reasonable grounds’

We took detailed instructions of the Applicant’s immigration history and why no application for EU Settlement Scheme was made before 30th June 2021. We needed to establish if the Applicant’s reasons for making the said application in time comes within the Home Office definition of ‘reasonable grounds’ under the Home Office guidance of EU Settlement Scheme.

2. 2. Legal representations and explanation of circumstances

We prepared a witness statement for the Applicant which provided ‘reasonable grounds’ for why they are applying now, and not by the deadline. The witness statement also provided the reason why the Applicant wishes to remain in the UK.

3. 3. Strategy

A key element of our approach was to show that the Applicant had ‘reasonable grounds’ for why they are applying now, and not by the deadline. Our approach was also to show that the UK was their permanent home and has remained in the UK for a long time.

Outcome

1. Decision issued on 17 October 2025
2. No further enquiries or document request

The application was approved without additional questions – confirming that our approach, combining legal precision, transparent disclosure, and strategic reframing effectively addressed any of the Home Office concerns.

Key takeaways for similar cases

• EEA nationals and family members of the EEA nationals who were living in the UK by 31 December 2020 can still apply for EU Settlement Scheme after 30 June 2021 if they can show that they have ‘reasonable grounds’ for why they are applying now, and not by the deadline or in the time since the deadline passed.
• Submitting a witness statement will be helpful in explaining why you are applying now, and not by the deadline. Also explaining your intention to settle in UK will also be helpful for a late application for the EU Settlement Scheme to be considered and granted.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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In a landmark announcement, the UK Home Office has outlined the most significant changes to the legal migration system in over five decades, shifting towards an “Earned Settlement” framework that ties permanent residency to demonstrable contributions to British society.

Under the new proposals, detailed in the Immigration White Paper, the standard qualifying period for indefinite leave to remain, commonly known as settled status, will double from five years to a baseline of 10 years for most legal migrants who have arrived since 2021. This affects an estimated two million individuals who entered the country during what officials describe as a period of unprecedented migration levels, with net migration peaking at 906,000 in the year ending June 2023.

A system of earned settlement

The reforms introduce a tiered system where the wait time for settlement can be shortened based on factors such as employment stability, tax contributions, English language proficiency, and a clean criminal record.

For instance, frontline NHS doctors and nurses, along with other skilled public sector workers, could qualify after just five years. High earners and entrepreneurs on specialist visas like the Global Talent route may see their paths accelerated to three years in exceptional cases.

Family members of British citizens will retain their 5-year route to settlement. Conversely, those reliant on public benefits face a much steeper hurdle: a 20-year minimum wait, the longest requirement of its kind across Europe. For visa overstayers or those involved in system abuses, the bar could rise to 30 years.

Access to benefits and social housing solely for British citizens

These changes extend beyond settlement timelines. Access to benefits and social housing will now be reserved exclusively for British citizens, excluding even those with settled status. The government has emphasised transitional measures for current applicants, with full details to be shaped through public consultation, and confirmed that the rules will not apply retrospectively to people already granted settled status.

The overhaul targets perceived vulnerabilities in existing routes, particularly in sectors like health and social care, where over 600,000 visas were issued between 2022 and 2024. Officials argue that the model will foster a fairer, more selective system that rewards integration and economic input while curbing exploitation.

My thoughts

As someone who has guided countless clients through the complexities of UK immigration over the years, this announcement feels like, yet another layer of uncertainty piled onto an already challenging process. I’ve worked with families and workers, many in essential roles, who have built lives here only to face endless delays and scrutiny. The idea of doubling wait times for settled status, especially for low-wage carers and support staff who keep our health system running, strikes me as particularly harsh. It risks pushing dedicated contributors towards despair, forcing them to question whether uprooting their lives was worth it.

While I appreciate the push for accountability and reducing misuse, the emphasis on “earning” settlement through finances or specific professions overlooks the human element. Not everyone arrives as a high earner or doctor; many come to fill genuine gaps and enrich our communities in quieter ways. The exclusion from benefits and housing support for settled migrants also echoes the hostile policies we’ve seen before, potentially leaving vulnerable people in limbo without access to the stability they need to thrive.

That said, the consultation period offers a glimmer of hope for refinement. Perhaps advocates can highlight how these rules could unfairly penalise honest applicants. I remain optimistic that voices like those of migrant support groups will influence a more balanced outcome, ensuring the system protects rather than punishes those who choose to call the UK home. In the meantime, if you’re navigating these changes, reaching out for tailored advice could make all the difference.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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The UK government has outlined comprehensive reforms to the asylum system, emphasising temporary protection, streamlined processes, and reduced state support, as detailed in the recent policy paper on proposed UK asylum reforms. The changes, announced by Home Secretary Shabana Mahmood this week, aim to address backlogs and irregular migration while introducing conditional pathways to integration.

The proposals stem from a review of current arrangements under the Borders, Citizenship and Immigration Act 2009 and related frameworks. Some of the headline announcements are as follows:

1. Successful asylum applicants would receive temporary leave, renewable every 30 months, with revocation possible if conditions in the home country improve. This approach aligns with models in other jurisdictions, such as Denmark’s two-year permits.
2. Permanent settlement would require 20 years of continuous UK residence, extending the existing five-year threshold. A new “work and study” visa category would accelerate this timeline for those demonstrating employment or educational contributions, though family sponsorship rights would be limited to participants in this route.

A stricter approach to refusals and appeals

Refusals and appeals face stricter parameters. The Home Office intends to consolidate multiple appeal grounds into a single process, eliminating subsequent challenges for omitted arguments. A dedicated independent tribunal, equipped with specialist decision makers, would provide initial legal guidance to applicants.

Article 8 and Article 3 amendments

Amendments to the European Convention on Human Rights (ECHR) are proposed: Article 8 protections for family life would apply solely to immediate relatives, such as dependent children or spouses, excluding extended networks, public interest factors would prioritise removal of foreign national offenders or irregular entrants, and Article 3 safeguards against ill-treatment would be refined for proportionality. Under the Modern Slavery Act 2015, late disclosures of exploitation claims would carry reduced weight, with the expectation that relevant details are raised at the earliest stage.

State support provisions would be curtailed significantly. The statutory duty to provide accommodation and subsistence allowances would be lifted, restricting aid to those assessed as destitute and compliant with conditions. Assistance would be withheld from individuals capable of employment who fail to seek work, those with criminal convictions, or applicants resisting removal directions.

Our comments

These proposals are not reforms. Instead, they are a deliberate retreat from the rule of law. Temporary refugee status, endless reviews, and the effective abolition of support will inevitably breach Articles 3 and 8 of the ECHR and expose the UK to a torrent of successful claims, ironically clogging the courts that the government claims it wants to clear. The “one-shot” appeal risks deporting genuine refugees because of legal errors or late emerging evidence. It is most likely that practitioners will need to prepare for a flood of injunctions and judicial reviews.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio