Appeal Rights Introduced for EU Settlement Scheme

The government has introduced a new legislation with effect from 31st January 2020 that allows a right of appeal to the immigration tribunal for people refused Pre-settled or Settled status under the EU Settlement Scheme (EUSS).

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 will only apply to any applications made on or after the exit day of 31st January 2020. The legislation will permit appeals for both Pre-settled and Settled status in most scenarios including if there is a cancellation or revocation of the status. The appeal will follow the normal Immigration appeal procedures unless the matter is certified as a national security issue, which will be heard by the Special Immigration Appeals Commission.

It also appears that the existing administrative review regime is maintained alongside the new appeals regime. It is worth noting that if an administrative review is unsuccessful and the applicant has not already appealed, the time limit for appealing the original decision will start again from the date the decision on the administrative review is sent if in the UK or received if outside the UK.

 

 

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