Settled status refusal – how to make successful application
Settled status applications are frequently refused if not prepared carefully. Understanding the EUSS immigration rules and gathering the relevant supporting evidence are key for successful outcome.
EU Settlement Scheme applications tend to be more complex and challenging then one would expect. From August 2023 late applicants to EU Settlement Scheme (EUSS) face a huge initial hurdle of validity checks, which has caused problems for late applicants. In general, since August 2023 most late EUSS applicants tend to be rejected on the validity grounds. There are still some applicants who have lived in the UK before end of December 2020 but failed to successfully apply for EUSS status.
However, what we focus in this article are those who already hold EUSS pre-settled status and are now applying or applied for EUSS Settled Status and received a refusal decision from Home Office.
Requirements for Settled Status EUSS application
The EUSS applicant will be granted indefinite leave to enter (where the application is made outside the UK) or indefinite leave to remain (where the application is made within the UK) where:
• A valid application has been made in accordance with paragraph EU9;
• The applicant meets the eligibility requirements for indefinite leave to enter or remain in accordance with paragraph EU11 or EU12; and
• The application is not to be refused on grounds of suitability (good character) in accordance with paragraph EU15 or EU16.
The EUSS applicant will be granted indefinite leave to enter (where the application is made outside the UK) or indefinite leave to remain (where the application is made within the UK) as a joining family member of a relevant sponsor where:
• A valid application has been made in accordance with paragraph EU9;
• The applicant meets the eligibility requirements for indefinite leave to enter or remain in accordance with paragraph EU11A; and
• The application is not to be refused on grounds of suitability (good character) in accordance with paragraph EU15 or EU16.
Completing a continuous qualifying period of residence (i.e. usually it is 5 continuous years in the UK) is the starting point. The continuous residence generally means that the applicant has not been absent from the UK and Islands (or, where applicable, the UK) for more than 6 months in total (in a single period of absence or more than one) in any given 12-month period, throughout the period of residence relied upon by the applicant for Settled Status application.
There are some exceptions:
• a single period of absence of more than 6 months but which does not exceed 12 months is permitted, where this is for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting or because of COVID-19.
Why Settled Status applications are refused
There are many categories of EUSS applicants that tend to face difficulties when switching from pre settled to settled status. The main category are those applicants with lengthy absences from the UK who break their continuous residence. Another category are those who remained in the UK after their relationship with EU national ended (for example due to divorce), who now will have to rely on retained rights of residence. Another ones are elderly applicants who may find it challenging to provide required evidence of residence.
What to do after Settled Status is refused
Not providing sufficient documentary evidence to prove the required 5 years continuous residence is one of the main reasons for refusal. Lack of documents to prove residence for certain period of time may be because EUSS settled status applicant was absent from the UK (let’s call it ‘category 1’ for ease of reference). Or it may be that the applicant was present in the UK but does not have the documentary evidence to prove their presence (let’s call it ‘category 2’). Out of those two categories, the latter gives more hope for settled status application to succeed than the former. The first category of applicants have to think carefully how to find more documents to prove living in the UK and submit a new settled status application with more evidence.
Those who were not in the UK as required by the EUSS immigration rules (‘category 2’) and do not meet the immigration rules, are likely to face refusal if they try to submit a new settled status application. However, for those applicants it is particularly important to seek legal advice to understand their legal position. The EUSS immigration rules are complex and it is easy for inexperienced applicants to misinterpret them or miss important points that may be key for their applications.
Depending on the circumstances of your case, rather than submitting a new settled status application you may need to file an Appeal to challenge the refusal. This involves judicial procedure at the Immigration Tribunals.
