First things first:

 

  • The deadline to apply for a post-Brexit status in the UK under the EU Settlement Scheme is 30 June 2021 or,
  • If the UK leaves the EU without a deal

 

You are required to be residing in the UK before it leaves the EU to apply. The deadline for applying will be 31 December 2020.

 

You can apply here if you meet the criteria. There is no visa fees for the application applicable.

 

Boris has won the election:

 

This means that Brexit is now more likely that ever, in a no-deal scenario or otherwise. It is vital that you apply for status in time.

 

Consequences for missing the deadline:

 

Thinking in terms of a worst case scenario for those who do not apply in time, the consequence may well be either their self departure voluntarily or removal from the UK.

 

However, the Home Office has said that those who miss the deadline “for a good reason” will be given another chance to apply, but no details about what constitutes a good reason have been revealed as of yet. We are yet to receive the further update on the same very soon. Keep a look out on our blogs for the same.

 

Some potential reasons may be a close family bereavement or serious health issues, but these are yet to be fully confirmed. 

 

The importance of being aware:

 

Under such a strict regime, Settlement Scheme applicants will have to account for and possibly provide evidence of the reasons for their delayed applications in the considerable time.

 

This could be the case even if they may never have been aware of the need to apply for settled status.

 

Hostile environment policies may apply to such people, limiting their access to the NHS, benefits, employment and accommodation as well as making them liable for detention and removal.

 

It may also hinder their application, as unlawful residence is criminalised in the UK.

 

Guidance from the Home Office:

 

Home Office employees will decide each case upon their own individual and specific merits case by case, but examples of reasons that might be considered beyond the control of applicants are:

 

  • the applicant was admitted to hospital for emergency treatment (evidenced by an official letter verifying the dates of admission and discharge and the nature of the treatment)
  • a close family bereavement
  • an educational institution was not sufficiently prompt in issuing a Confirmation of Acceptance for Studies (CAS)

 

The Home Office guidance on applications from overstayers provides some further examples if you are interested in reading more on the topic. 

 

We are here to help: 

 

We understand that it can be tough and confusing when applying for status, but we are here to help you the whole way. Do not hesitate to get in contact with us on 020 7928 0276 or email into info@lisaslaw.co.uk.

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