If you’ve applied for Settled Status under the EU Settlement Scheme and have been refused, it can be a frustrating and worrying turn of events.
Settled Status allows EU, EEA and Swiss citizens and their families to live, work and access benefits in the UK after Brexit. While the scheme has helped many secure their status, some people are still facing issues with their applications.
Firstly, it’s important to understand why you were refused, what your options are and how to move forward. Let’s dive into what happens when you’re refused Settled Status, what it means and the steps you can take if you find yourself in this situation.
What is Settled Status?
Settled Status is a form of immigration status granted to EU, EEA and Swiss citizens who have lived in the UK for at least five continuous years before applying. Settled Status is part of the UK government’s EU Settlement Scheme, which was introduced to ensure that EU nationals who were living in the UK before the end of the Brexit transition period, December 31, 2020, could secure their rights to remain in the country.
Those granted Settled Status enjoy the same rights as UK citizens, including the ability to travel in and out of the UK and they can eventually apply for British citizenship if they meet the eligibility requirements. The scheme was designed to protect EU citizens’ residency rights, providing a smooth transition for those who had already made the UK their home.
Reasons for refusal
Before looking into what to do next, it’s important to understand the possible reasons your application might have been refused. Some of the most common reasons for refusal include:
1. Eligibility issues
The Settled Status scheme is only available to people who can demonstrate they’ve lived in the UK for five continuous years (for Settled Status) or who have lived in the UK for at least five years before applying (for Pre-Settled Status). If you haven’t met the residency requirement, you might be refused Settled Status.
2. Criminal convictions
While having a criminal conviction doesn’t automatically disqualify you, serious or recent convictions may impact your application. If you’ve been convicted of a serious crime, the Home Office may decide you’re not a suitable candidate for Settled Status.
3. Failure to provide proof
You need to submit certain documents to prove your identity, residency and relationship to any family members included in your application. Your application could be refused if your supporting documents are insufficient or unclear, or if you’ve failed to provide the required evidence.
What are your options?
If you’ve been refused Settled Status, don’t panic. There are still several paths you can take to resolve the issue. Firstly, you can check the reason for refusal, carefully reviewing the refusal notice or decision letter – the Home Office should provide an explanation for the reasons for your denial and what specific documents or information were missing. This is your chance to identify what is wrong and gather any necessary, or missing, information.
Seek advice from a professional
Next up, you can seek advice from a professional. Dealing with immigration status issues can be complex, so it’s highly advisable to speak with a solicitor or an immigration adviser. They can help you understand your options, guide you through the appeal process, or help you submit new documents or information that might change the decision.
Appeal the decision
There might be an opportunity to appeal the decision in some cases. The Home Office will usually give you instructions on how to do this in the refusal notice. Depending on the nature of the decision, there are two main ways you can challenge it. One is with an administrative review – if your application was refused due to an administrative error or misunderstanding, you can request an administrative review. This is a process where the Home Office reconsiders your case and checks whether the decision was made correctly. You must request this review within 28 days of receiving the refusal notice.
Judicial review is the next option if you believe your application was unfairly refused or that the decision was unreasonable. This is a legal process where a judge examines whether the Home Office acted lawfully.
Consider other immigration routes
If you’re not eligible for Settled Status, you may be eligible for other types of UK immigration visas. For example, if you’ve been in the UK for less than five years, you may be eligible for Pre-Settled Status, which would allow you to stay in the country until you’ve completed your five years of residency.
If you’re not eligible for either Settled or Pre-Settled Status, you might want to explore other visa options, such as work or family visas. An immigration solicitor can help you understand your best course of action based on your circumstances.
Osbourne Pinner Solicitors can help
Being refused Settled Status can be overwhelming, but you don’t have to face it alone. At Osbourne Pinner, our experienced immigration solicitors are here to help you resolve your situation and secure your future in the UK.
We can assist you by carefully reviewing your refusal notice to understand the reasons behind it and guide you through the administrative or judicial review process. Our team will help you gather the right documents to strengthen your case and explore alternative visa options if Settled Status isn’t possible.
Contact Osbourne Pinner today for a free 30-minute consultation. Whether you need to appeal a decision or explore other immigration options, we’re ready to help. Get in touch via the form below, call 0203 983 5080 or email [email protected].
