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Dominic Raab refuses to support extending deadline for settled status applications

Updated: Feb 12, 2022

We wrote to Dominic Raab asking him to support an extension to the deadline for applications for settled status because of the numbers of applications held up in the system.


He refused.


here is his reply


Dear David,

Thank you for contacting me about settled status. I appreciate your concerns.

The government knows that some have concerns about the future of EU citizens in the UK. While it is not for the government to comment on any individual case, the EU Settlement Scheme protects EU citizens' rights and provides those citizens with an immigration status under UK law.

The new system for obtaining settled status is streamlined, user-friendly and draws on existing government data to minimise the burden on applicants to provide evidence. Applications will not be refused on minor technicalities without the applicant being given the opportunity to rectify them, and caseworkers considering applications will exercise discretion in favour of the applicant where appropriate. As a result, the Home Office has said it expects the vast majority of cases to be granted, with refusals most likely to be because of serious criminality or if the person is not an EU citizen (or family member). Once obtained, people will be able to be absent from the UK for up to five years without losing their settled status.

As you may be aware, 31 December 2020 was the deadline for EEA citizens to be resident in the UK to be eligible for the settled status scheme. It is good news that EEA citizens eligible have until 30 June 2021 to submit an application. The government understands there are concerns regarding this deadline. However, it is important to consider that the scheme was launched in 2019 and the latest statistics show that there have been 5.42 million applications with 5.12 million concluded applications. 97 per cent of concluded applications have resulted in settled or pre-settled status. A wide range of support is available online and over the telephone if needed and the government is funding 72 organisations across the UK to ensure no one gets left behind.

You may be reassured that there will be instances were applications made after 30 June 2021 will be accepted. In line with the Citizens’ Rights Agreement, there remains scope, indefinitely, for a person eligible for status under the EUSS to make a late application to the scheme where  there are reasonable grounds for their failure to meet the deadline applicable to them.  Ministers have now published guidance for caseworkers on reasonable grounds for making a late application, which includes where a local authority has failed to make an application on behalf of a child in their care and where a parent or legal guardian failed to apply on behalf of someone aged under 18.

The government has made clear that the guidance, which reflects engagement with stakeholders on this issue, is not exhaustive and all cases will be considered on a flexible and pragmatic basis in light of their particular circumstances. The guidance can be found at the following link - https://www.gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance.

Thank you again for taking the time to contact me on this important issue.

Yours sincerely,

Dominic




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