The EU Settlement Scheme was due to go live in March 2019. However, on 21st January 2019, the scheme went live as a first public test phase for those who are eligible.
When applying through the EU Settlement Scheme, you can apply for a Pre-Settled Status or Settled Status. Settled Status is equivalent to having indefinite leave to remain in the UK. Pre-Settled Status is a temporary form of leave to remain in the UK.
What can you do if for some reason your application is refused?
If you applied for Settled Status, and instead got granted with Pre-Settled Status, you can:
- Accept the Pre-Settled Status decision, and make a Settled Status application in the future once you are eligible.
- Make a new EU Settlement Scheme application and provide more evidence to show how you are entitled to Settled Status.
- Challenge the refusal decision within 28 days by way of an Administrative Review application If you believe that the decision was wrong and that sufficient evidence was provided to meet the Settled Status requirements.
Depending on the final outcome of the Brexit deal, there may be a full right of appeal before an independent immigration Judge after March 2019.
Contact WH Solicitors to challenge the Home Office if you have had your application downgraded from Settled to Pre-Settled Status, and you believe that the decision was wrong.