Late applications under the EU Settlement Scheme with case studies
On 31 January 2020 the UK left the EU, commencing the end of free movement between the UK and member states. To manage the transition, the Home Office introduced the EU Settlement Scheme (EUSS) to allow EU, EEA and Swiss nationals (and their families) already living in the UK by 31 December 2020 to secure their immigration status. The general deadline to apply was 30 June 2021.
02.11.2026
Despite the Home Office allocating millions of pounds to advertising the scheme, many individuals are still either unaware of the scheme or wrongly believe that immigration documents granted under the EU Regulations prior to Brexit enable them to continue living in the UK lawfully.
The Home Office is still accepting late applications, however two major developments have significantly changed the landscape.
- Mandatory Electronic Travel Authorisation for EU nationals
On 25 February 2026, the Home Office started enforcing the Electronic Travel Authorisation (ETA) requirement for EU nationals visiting the UK – this means that EU nationals can no longer visit the UK using their passports alone and would instead need to apply for and be granted an ETA.
It appears there are many EU nationals, who were living in the UK prior to Brexit, that have not applied under the EUSS – prior to this change, these EU nationals have been able to enter the UK using their passports alone, however following this change, this will no longer be possible.
To travel to the UK now, an EU national will generally have to show permission to enter by way of either:
status under the EUSS, permission under a different immigration routeor an ETA.
It is worth noting that an ETA is for visitors to the UK and should therefore not be granted to those who are living in the UK.
We believe that this change is going to cause difficulties for many EU nationals who have lived in the UK for many years without realising that they needed to apply under the EUSS.
- Stricter rules on late applications
It remains possible to submit a late application under the EUSS, however the Home Office is now adopting a much stricter approach when considering the reason for the delay.
Previously, the Home Office took a more flexible approach when considering the reason for the delay. However, from August 2023 the delay in submitting the application is considered as part of the validity requirements of the application. This means that the reason for the delay will be the first consideration- if the Home Office is not satisfied that there are reasonable grounds for the late submission of the application, the application will be rejected as invalid, will not be considered and there will be no right of appeal.
It is therefore critical for the success of the application to explain the reasons for the delay with supporting documentary evidence.
Successful case studies
At Irwin Mitchell we have successfully assisted with many late EUSS applications and provide a summary of our recent cases below using fictitious names.
Case Study 1 – Believed immigration documents under the EU Regulations were sufficient | |
Situation | Our assistance |
Sarah is an EU national who has been living in the UK for more than 35 years. | We prepared robust legal representations and collated a variety of supporting documents demonstrating that firstly, Sarah had reasonable grounds for submitting a late application and secondly, she was eligible for Settled Status.
The Home Office not only accepted the late submission grounds but also granted the application within 2 months of submission. |
Client’s 5* review | |
Having lived and worked in the UK as an EU national for over 35 years, as well as holding a permanent residence card, I was shocked when I realised my immigration status was at risk and that I needed to make an EUSS application. I swiftly contacted Irwin Mitchell to assist with a late application under the EUSS. From the very beginning Mandeep Khroud and Craig Wright were reassuring, knowledgeable and wholly committed to helping me put things right. They took the time to understand my situation in detail, guided me through every step with patience and clarity and prepared my application with exceptional care and professionalism. Their expertise was evident throughout the process, particularly in the meticulous and detailed covering letter, resulting in my late application being accepted and the subsequent grant of Settled Status. This result has lifted a huge weight off my shoulders, and I cannot thank Mandeep and Craig enough for their dedication, empathy and skill. I highly recommend them to anyone who needs trusted, experienced and compassionate immigration lawyers. An exceptional service from start to finish. | |
Case Study 2 – Unaware of the scheme and eligibility based on historic residence | |
Situation | Our assistance |
Sofia is an EU national who lived in the UK from 2000 to 2015 exercising Treaty Rights as a worker and self-employed person. | We prepared robust legal representations and collated a variety of supporting documents demonstrating that firstly, Sofia had reasonable grounds for the late submission of the application and secondly, she was eligible for Settled Status based on her historic period of residence in the UK (2000-2015). The Home Office not only accepted the late submission grounds but also granted the application within 2 months of submission. |
Client’s 5* review | |
I cannot recommend these specialised immigration solicitors highly enough for their help in securing my UK settled status, within a couple of months. Navigating the complexities of current immigration policy is incredibly daunting. I was lucky to have Nanayaa Agyeman working through the process on my behalf, demonstrating her profound legal knowledge and exceptional attention to detail. Her warm personal tone gave me much support and hope during the process. Nanayaa handled my case proactive and swift…If you are looking for an Immigration Solicitor firm that truly knows what they are doing and delivers results, look no further. Thank you again for your incredible support, Nanayaa! | |
Final thoughts
The ETA requirements are now fully enforced and the Home Office is taking a stricter approach to late applications.
It is critical that applications under the EUSS are submitted as soon as possible and that the reason for the delay is clearly explained with robust legal representations and supporting documentary evidence.
If these circumstances apply to you, or someone you know, we would be happy to assist.
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