The EU Settlement Scheme (EUSS), we are certain many of you will know, was set up in response to Brexit to allow EU, non-EU EEA and Swiss citizens and their eligible family members to apply to enter or continue to stay in the UK before the end of the Brexit transition period the opportunity to protect their residence in the UK after this period had ended. The official deadline to get on the scheme was 30 June 2021.
Now that the scheme has been in effect for quite some time, people are getting decisions come back to them that they may not have prepared for. This article will focus on the options available to people looking to make an appeal if their application has been unsuccessful or they have had unexpected hurdles placed before them by immigration authorities.
If you applied to the EU Settlement Scheme and were refused
If you were refused acceptance to the EUSS or did not get the outcome you expected, the email or letter you received notifying you about this decision should contain information on how you can appeal. This is called an administrative review.
You can apply for an administrative review if either:
- your application was refused on eligibility grounds
- you were granted pre-settled status but think you qualify for settled status
Applications for administrative reviews can be made from inside or outside the UK. You can also make a new application under the EU Settlement Scheme at any point – for example, if you want to move from pre-settled status to settled status. This application will be free.
If your settled or pre-settled status was cancelled at the border
You should be told in the letter given to you at the border if you can apply for the decision to cancel your settled or pre-settled status to be reviewed.
You can apply for an administrative review if your settled or pre-settled status was cancelled because:
- there has been a change in your circumstances
- you gave false information
You can apply for an administrative review from inside or outside the UK.
If you arrived with an EU Settlement Scheme family permit and your leave was cancelled at the border
Similarly to the above, you should be told in the letter given to you at the border if you can apply for the decision to cancel your leave under the EU Settlement Scheme to be reviewed.
Again, you can apply for an administrative review (from within the UK or elsewhere) if your leave was cancelled because:
- there has been a change in your circumstances
- you gave false information
What you must remember when applying for a review
Firstly, the cost of the review is £80 per person. However, if the review is successful and the original decision is withdrawn due to a case working error, or you application for a review is completely rejected, this fee will be refunded to you.
In terms of timing, you must make your application for an administrative review within 28 days of the date on your decision email.
You will need to complete the administrative review application form.
You must use a separate form for each person applying for a review, whether they are a child or an adult.
When sending in new evidence or information, you do not have to resend information that you have provided in the past, as this will already been on file.
Potential delays
The Home Office have said they are currently receiving large amounts of requests for reviews and that there can frequently be waiting times of up to 3 months for a response. It is understandable that many review requests are coming in, but to make people wait for 3 months or longer suggests there is unacceptable and points to a deeper issue with the capabilities of decision making staff.
When do you need to apply for administrative review?
You will have to apply for administrative review within 28 days of being served the Home Office’s decision (or 7 days if you are (unfortunately) in detention).
Not happy with the outcome of your administrative review?
You may be able to challenge the Home Office’s decision by way of judicial review, which you normally have to apply for it as soon as possible and no later than three months.
Administrative review or right of appeal?
It should be noted that the right to seek administrative review is in addition to your right to appeal. Some people may want to appeal against the Home Office’s decision, in light of the fact that administrative review is carried out by the Home Office’s own staff, while appeals are dealt with by the immigration appeal tribunals.
The normal rules of appeal will apply. This includes lodging your appeals within 14 days of being served the decision (28 days overseas or 7 days while in detention).
What do we think?
Apart from the aforementioned long waiting times, the review process seems to be fairly simple – but we will have to wait and see if it is as straightforward as it sounds. What we will say regarding the initial submission of information is that applicants should always double check what they are submitting is accurate and complete. While it is known that some people may leave out certain information because they think it could hinder their chances of acceptance, which is also to be avoided, it is also possible that positive information can be left out of applications by mistake, causing delays on such applications.
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