EUSS Appeals & Challenges
The United Kingdom left the European Union on 31 January 2020 at 11 PM and entered a transition period, due to end on 31 December 2020. EU citizens and their family members who wish to remain in the UK after 30 June 2021 will need to apply for an immigration status to remain lawfully in the UK under the EU Settlement Scheme (EUSS). The scheme has seen a high number of applications, several of which unfortunately fail to succeed. The application under EUSS originally only allowed an administrative review to challenge any case working errors. The Home Office has however introduced The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 on the 31st January 2020 which now entails a right of appeal to the Immigration Tribunals.
Challenge a decision
Administrative review is a process whereby applicants can request their decisions be reconsidered by the Home Office on grounds that they were incorrectly granted pre-settled status, when they believe they qualify for settled status, or on eligibility grounds. There is no right of administrative review against refusals on suitability grounds e.g. criminality. An application for administrative review can be submitted from inside or outside the UK within 28 days of the date of the decision or within 7 days if the applicant is detained under immigration powers.
The administrative review system under the EUSS allows applicants to submit further evidence, which will then be considered alongside their original application. There is a fee payable of £80; a refund is provided if the review is successful but not if the decision is overturned on the basis of new evidence submitted.
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Frequently Asked Questions
The statement of changes to the Immigration Rules CM9675 of 20/7/18 contains new Appendix EU to be added to the rules and in force on 28/8/18 for
A non-EEA national will only be able to obtain retained right of residence once the divorce is granted legally, however the conditions for retaining right of residence will only be based until the commencement of divorce proceedings.