Do You Need To Make A Late Application For Settled Status?

• Published date: 09 July 2021
• Subject Matter: Employment and HR, Immigration, Employee Benefits & Compensation, General Immigration, Work Visas
• Law Firm: Giambrone & Partners
• Author: Giambrone & Partners LLP

The deadline for applying to the European Settlement Scheme to obtain pre-settled or settled status passed on 30 June 2021. However, the Home Office has made it clear that there is flexibility and late applications will be considered. This provision may not last forever and anyone who has missed the deadline should take action immediately to apply.

A number of people are under a misapprehension that it is only the newly arrived EU citizens that need to apply and that the previous Indefinite Leave to Remain (ILR) status still applies, particularly for EU citizens who have lived in the UK for a number of years. This is not the case, however, it is important to retain evidence of ILR to support your application for settled status. All documents that you provide as evidence that you have held legal residence in the UK for at least the past six months must be dated and have your name on them. The requirement to apply for settled status also applies to EU citizens married to British citizens and living in the UK.

Documents that demonstrate longer residence in the UK could be:

• An annual bank statement
• A letter of employment with information demonstrating the provenance of the employer for example, a companies house number
• A council tax bill
• Documents from a school, college or university showing the dates of enrolment and attendance. Including an invoice for fees.
• A residential mortgage statement
• Documentary evidence from a care home confirming residence
• Employer pension contributions
• Evidence of a business account for a self-employed person
• A P60 or P45 from your employer

Documentary evidence from individuals, such as references, must be from third parties and not family or friends. If you do not have sufficient evidence in your own name the Home Office has stated that it will "work with you to confirm when you've been resident in the UK based on all the evidence available."

Children must be...