Settled Status Deadline Approaching

The deadline for obtaining Settled or Pre-Settled Status under the EU Settlement Scheme is fast approaching. Applications must be received by 30 June 2021 and anyone applying must have started living in the UK on or before 31 December 2021. Deadlines differ if you are applying to join a family member or applying under the Surinder Singh route.

There have been several stories in the media concerning EU citizens who have applied for Settled Status but have been granted Pre-Settled Status instead. Pre-Settled Status is less secure than Settled Status and to go on to qualify for Settled Status after five years continuous residence, you must not leave the UK for more than six months in any 12-month period.

Why is Settled Status refused?

The latest high-profile case of an application for Settled Status being refused is that of BBC producer, journalist, and campaigner for The3Million, Dahaba Ali. Ms Ali has lived in the UK for 17 years, having been granted refugee status along with her mother in the Netherlands after fleeing Somalia when she was 10 years old.

Following her Settled Status application in October 2020, Ms Ali received a letter from the Home Office stating:

“Your application has been carefully considered but unfortunately from the information available you do not meet the requirements of the scheme. I am sorry to inform you that your application has therefore been refused.”

A Home Office spokesperson told The Guardian  that Ms Ali’s application to the EU Settlement Scheme was refused because requests for evidence regarding her continuous residence in the UK were ignored.

“She [Ms Ali} is able to reapply to the scheme by 30 June 2021 and we encourage her to get in touch with the helpline where our dedicated staff can support her to provide the requested evidence.

“We made several repeated attempts to contact her over a number of weeks – by email, phone and text – but the evidence requested was not provided. We accept a range of evidence and will work with people on a case-by-case basis to consider other evidence if necessary.”

Ms Ali, stated that the emails from the Home Office had gone straight to her spam folder. It was not until she received the refusal letter that she became aware there was a problem.:

“I immediately knew it was a mistake and I got help and took to Twitter. But if the process went wrong for me, then what about the people who are so vulnerable they don’t even know their own rights?”

“An obvious example is my own mother who can’t read or write. If her application had been denied, how would she have known? What would have happened to her? I just can’t help but think that if the Home Office had wanted to get hold of me, they would have sent a letter and tried a lot harder than they did with me.

“I think it’s going to be a huge issue after June when employers and landlords start demanding proof of your status. I just didn’t think it would be my case that would highlight it.”

Ms Ali’s situation is an example of a common reason for Settled Status being refused – the Home Office requires further information and for some reason, it is not provided. Another reason Pre-Settled Status instead of the expected Settled Status is granted is because of an administrative error on the Home Office’s part.

Can I appeal if my Settled Status application is refused?

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations, which came into effect after 11pm on 31 December 2020 (EU Exit Day), provides a right of appeal for EU Settlement Scheme applicants. However, you can only appeal if your application was submitted after 11pm on 31 December 2020. If your refusal relates to an application made before EU Exit Day, you have the option of resubmitting the application or applying for Administrative Review or Judicial Review. 

Appeals must be made promptly – the deadline is 14 days if you are in the UK or 28 days if you are outside the country.

Summing up

If your Settled Status application has been refused, it is imperative to speak to an experienced Immigration Solicitor. They will carefully look at the reason for your refusal and advise on whether it is best to appeal, apply for Administrative Review or Judicial Review, or submit another application with the correct evidence. Seeking legal advice can save you vast amounts of time, not to mention stress, that comes with trying to sort matters out with the Home Office yourself. An Immigration Lawyer can swiftly get in touch with the right person and submit the details the department needs to grant you Settled Status.

Our immigration lawyers can advise and represent you on all aspects of immigration law. For a free consultation please call us on 0208 300 6666.

  Woman rejected for settled status despite living in UK for 17 years | UK news | The Guardian