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The EU Settlement Scheme – Refusals Of Applications

06 February 2020 Grace McGill Blog

 

The EU Settled Status Scheme ( EUSS ) under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019. A significant amount of applications have now been processed with either pre settled status or settled status being issued. Indeed Home Office statistics indicate that as of  31 December 2019, over 2.7 million (2,756,130) applications had been received with over 2.4 million (2,450,220) applications had been concluded .

But what about those applicants who have been refused status? What remedies are there available to challenge decisions to refuse status  ?

It is always an option to submit a fresh application with evidence to support the challenge to the refusal but ofcourse applicants can still face the uncertainty of having their applications again refused and the cycle continues. So with that in mind, we are comforted somewhat with the passing of further regulations made under Part 3 of the European Union (Withdrawal Agreement) Act 2020

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the Regulations”), which came into effect on exit day  ie : after 11pm 31st January  now afford applicants under the EU Settlement Scheme a right of appeal, but only on decisions made under the EU Settlement Scheme after the Regulations came into effect.

The explanatory note to The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (SI 2020 No. 61), states that:

This instrument provides that, where a person makes a valid application for leave under the EUSS, or for an EUSS family or travel permit, on or after exit day, they will have a right of appeal against a decision to:

  • refuse the application;
  • in the case of an application under the EUSS, grant limited leave to enter or remain (pre-settled status under the scheme) where they believe they should have been granted indefinite leave to enter or remain (settled status under the scheme).

There is also a right of appeal against decisions to revoke indefinite leave to enter or remain under the EU Settlement Scheme, and against decisions to make a deportation order. 

The appeals process follows existing procedure in that appeals are intimated to the First-tier Tribunal (Immigration and Asylum Chamber) within 14 days of the notice of refusal and 28 days for those lodging notice from outwith the UK. The only exception is where it is certified under Schedule 1 of the Regulations as having been taken in the interests of national security, in which case the appeal would be to the Special Immigration Appeals Commission (“SIAC”) ( see regulations 6 & 7 )

In this period of uncertainty and transition, it is advisable to seek advice on any decision(s) made regarding status in the UK.

 

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