EUSS Appeals & Challenges

On 31 January 2020 at 11 p.m., the United Kingdom formally exited the European Union and started a transition phase that would finish on 31 December 2020. EU nationals and their family members wishing to stay in the UK after 30 June 2021 must apply for immigration status under the EU Settlement Scheme (EUSS). The program has received a large number of applications, many of which have been unsuccessful. Initially, the application under EUSS permitted merely an administrative review to address any casework mistakes. On 31 January 2020, the Home Office enacted The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020, which include a right of appeal to the Immigration Tribunals.

Contest a decision

If the Home Office decides to deny an application under the EU Settlement Plan, EU citizens and their families may take the following measures.

1. Re-apply for free if you have more proof to provide;
2. Request an administrative review; 3. File an appeal with the First Tier Tribunal if the application is received on or after 11 p.m. on 31 January 2020.

Review of Administrative Procedures

Administrative review is a procedure through which applicants may petition the Home Office to have their judgments reassessed on the grounds that they were mistakenly given pre-settled status, think they qualify for settled status or are otherwise ineligible. There is no administrative review available for refusals based on appropriateness, such as crime. Within 28 days of the date of the decision, an application for administrative review may be lodged from within or outside the UK, or within 7 days if the applicant is detained by the immigration authority.

The administrative review procedure established by the EUSS enables applicants to submit additional evidence that will be reviewed in conjunction with their initial application. There is an £80 cost; this money is refundable if the review is successful, but not if the judgment is reversed as a result of new evidence presented.

Appellate Tribunal

The applicant may appeal a decision made under EUSS that denies them settled or pre-settled status, or an EUSS family permit/travel permit, in accordance with the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, if the application was lodged on or after 11 p.m. on 31 January 2020. If the individual is in the United Kingdom, the appeal must be lodged within 14 days of the day the decision was received; if the person is outside the United Kingdom, the appeal must be lodged within 28 days.