Recently, the High Court made an important decision regarding late applications to the EU Settlement Scheme (EUSS). This decision is significant because it affects many people who may have missed the original deadline to apply. The case, known as R (Here for Good) v Secretary of State for the Home Department, involved a challenge brought by a charity called Here for Good, which provides free immigration advice.
What Happened?
The High Court ruled that changes made to the EUSS that limit the right to appeal against late applications do not violate the Withdrawal Agreement between the UK and the EU. This means that if someone applies late and their application is rejected as invalid, they cannot appeal the decision unless they can prove they had a good reason for applying late.
Why Were Changes Made?
The Home Office expressed concerns that some people were making late applications without valid reasons. According to a Home Office official, by January 2023, there were fears that some applications were being submitted just to receive a temporary certification. This certification would allow individuals to work and access public funds while waiting for their application to be processed.
To address this issue, the Home Office decided to change the rules governing late applications. These changes took effect on August 9, 2023, and were based on a two-stage approach allowed under Article 18 of the Withdrawal Agreement.
The Court’s Ruling
In its ruling, the High Court supported the Home Office’s decision to limit the right to appeal for late applications. The court found that the changes were lawful and did not breach the Withdrawal Agreement. This means that if an application is rejected as invalid, the applicant must show a good reason for their delay to challenge the decision.
What Does This Mean for Applicants?
For individuals who are considering applying late to the EUSS, this ruling highlights the importance of understanding the new rules. If you missed the application deadline, you need to be prepared to explain why your application is late. Without a valid reason, your application could be rejected, and you may not have the opportunity to appeal the decision.
The High Court’s decision is a reminder of the complexities involved in immigration law, especially following the UK’s exit from the EU. While the changes aim to prevent misuse of the application process, they also place a greater responsibility on applicants to ensure they meet the requirements. If you are in this situation, it is advisable to seek legal advice to understand your rights and options moving forward.