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Personal Immigration

EUSS Appeals & Challenges

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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

EU nationals and their families may take the below steps, if the Home Office has decided to refuse the application under the EU Settlement scheme.

1. Apply again for free, if you have new evidence to submit;
2. Apply for an administrative review;
3. Appeal the decision to the First Tier Tribunal if the application was made on or after 11 PM on the 31 January 2020

Administrative Review

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.

Tribunal Appeal

The applicant may challenge a decision under EUSS failing to grant a settled or pre-settled status or an EUSS family permit / travel permit as set out by the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, if such an application was made on or after 11 PM on the 31 January 2020. An appeal must be made within 14 days from the date the decision was sent if the person is in the United Kingdom or 28 days if the person is outside the United Kingdom.

How can we assist?

Our Immigration lawyers at City Legal have immense experience in assisting clients in challenging refusals and wrongful decisions via administrative review or appeals. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.

Frequently Asked Questions

Can I make an application for Administrative review and Appeal at the same time?

The applicant may be able to submit an application for Administrative Review and Appeal at the same time. If the Administrative Review is successful, they can then withdraw the appeal.

Can I appeal a deportation order?

If you are residing in the UK with a valid pre-settled status or settled status under the EUSS or a valid EUSS Family Permit and a decision is made to deport under s5(1) of the Immigration Act 1971 on or after 11pm on the 31st January 2020, you may be able to appeal against the decision. Please contact our team of experts for a detailed consultation.

What is a Special Immigration Appeals Commission?

The Special Immigration Appeals Commission is a court which hears appeals of matters which are concerned with the interest of national security.

When is an appeal deemed as abandoned?

The appeal will be deemed as abandoned if leave to enter or remain is granted under the EUSS, unless the person has been granted pre-settled status and they give notice that they wish to appeal on the grounds they should have been granted settled status or their settled status has been revoked and they wish to continue the appeal on the ground it should be restored. It is worth noting that leaving the United Kingdom does not abandon the appeal.

What are the grounds of appeal for EUSS refusal?

The grounds of appeal a person may rely on if their EUSS application is refused are that; the decision breaches any right which the person has under the agreements or that, it is not in accordance with the provisions of the immigration rules by virtue of which it was made.
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