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STILL NOT TOO LATE TO APPLY
30 June 2021----The deadline to apply for the EU Settlement Scheme has come and gone. Many have already applied and have either received a decision from the Home Office or are waiting for a decision.
But, what about those who still have not applied to the EU Settlement Scheme. These individuals may not have applied for a number of reasons.
There may still be a situation that these individuals may still be able to apply to the EU settlement scheme to be granted settled or pre-settled status, provided you are able to demonstrate that there were reasonable grounds for your late application. In short, you must prove why you are applying late and that it was beyond your control.
For this blog, we will look at what the Home Office has described as:

“reasonable Grounds for Failing to Meet the Deadline.”

Appendix EU defines the required date as before 1 July 2021 unless there are present reasonable grounds.
(aa)before the 1 July 2021 Unless
(bb) where the Secretary of State is satisfied by the information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet the deadline in Sub-Paragraph (a)(i)(aa) on or after 1 July 2021.
So, what are these reasonable grounds, and who may rely on these, and in which circumstance are these grounds accepted? These are some of the answers we will explore in this blog.
The Home office published non-Exhaustive caseworker guidance, setting out a wide range of circumstances that would constitute reasonable grounds for late applications to the EU Settlement Scheme.
These grounds include but are not limited to some of the following situations:
Where a parent, guardian or Local Authority has failed to apply on behalf of a child under the age of 18. This will normally be considered to be within the scope of reasonable grounds for the child. Including where they are now an adult. This may mean that this child will not have applied for EUSS for months or even years after the deadline has passed. This may also be in a situation that they did not realise that they needed to apply, until they required evidence of their right to work or study in the UK. In this instant once this child now an adult applies under the EUSS and will constitute reasonable grounds.

Case Example No 1 (non-exhaustive case scenarios)

Parents made applications for themselves and did not think they needed to for their child, so no child was submitted.
Parents of children ignored the settlement scheme and did not apply for themselves or their children.
The child was in care, and the Local authority overlooked the need to apply for his child.

Case Example No 2 (non-exhaustive case scenarios)

‘H’ the relevant EEA national arrived in the UK and subsequently become homeless being forced to living on the street, he was later offered employment with food and living accommodation instead of pay. In order to secure this employment, ‘H’ was forced to surrender his passport to the employer. the employer failed to return the passport back to ‘H’. There are present reasonable grounds to suggest ‘H’ is a victim of modern slavery.

‘L’ a non- EEA national and the spouse of her EEA national husband, she has faced years of domestic abuse from her husband, both physical and mental. she has a small child and fears her husband will take the child from her. ‘L’ husband keeps control of her every communication and movement and further keeps all her documents, including her passport. As a result of this situation, she was not able to apply for EUSS within the relevant deadline. This situation will constitute reasonable grounds for late application.

Case Example No 3 (non-exhaustive case scenarios)

‘K’ is an EEA national; she is 80 years old and suffers from dementia, ‘K’ lives in a care home as she struggles with everyday tasks. The care home staff forget to apply for EUSS for ’K’ and only complete the application process after the deadline date this will satisfy the reasonable grounds threshold.

‘M’ is 27 years old, he contracts COVID-19 and is hospitalised. He is seriously unwell and is placed on a ventilator, and as a result he is not able to apply under the EUSS until much later, this will constitute reasonable grounds for late application.

Case Example No 4 (non-exhaustive case scenarios)

N has been resident in the UK since 2014 and was sentenced to imprisonment for 6 months. The prison confirms that there had been practical difficulties in facilitation and assisting prisoners with resettlement related applications. This situation will constitute reasonable grounds for late application.

P is homeless and has been living on the street and did not have access to a computer or documents and is not able to apply as a result he applies much later having been granted the required support from the local authorities this will constitute reasonable grounds for late application.

The case may be that a person may not have been able to obtain the evidence they needed to submit in support of their EUSS application for compassionate reasons including in light of the COVD-19 pandemic such as not being able to provide the required identity documents to verify nationality owing to the delays in processing documents from their country of nationality as a result of a national lockdown attributed to the COVID-19 Pandemic in such instant a person applies late this will satisfy the reasonable ground threshold.

In each event, the long and short of it all is that you must apply as soon as reasonably possible and if you wish to rely on reasonable grounds for late application, this will need to be supported by documentary evidence to be successful.

Therefore, for those who have not yet applied for the EU settlement scheme because of their particular unique circumstance, all is not lost. You may contact our office for further guidance and assistance in the submission of your application under the EU settlement scheme.

Author: Ms Toqeer Fatima Shah

Senior Immigration Solicitor

Deo Volente LLP

Fair asylum procedures establish public confidence in the legal system and compliance with our international duties. Apparently, the UK’s post- Brexit conclusion and current restrictions on who can access legal assistance fall short of a more just and structured asylum system. 

Some of the most vulnerable members of society are the people coming to the UK seeking asylum and we truly believe that these people should be treated with the same respect and compassion. 

After years of debate, Britain finally separated from the EU on January 1, 2021, which also marked the end of its participation in the Dublin Regulation. As a new chapter on how the country chooses to manage asylum arises, the government has been approaching the issue with hostile rhetoric and policy. 

How Our Best Asylum Solicitors Can Help You in the UK?

As a reputable immigration solicitors team, our mission is to help asylum seekers get to a safer place, by advising them on all of the options possible. This can include applications and/or appeals on the basis that your human rights have been put at risk of being infringed.

If you have decided to claim asylum or make a human rights application, you may need legal advice on all options open to you.

We can advise you about the steps and procedures as well as prepare a detailed application, and assist with court appeals and judicial reviews, and challenge refusals of asylum through our No Win No Fee Scheme

Claiming asylum is a very complex process, and could be a very stressful experience especially if you are new to the UK and do not have strong English language skills. 

We understand the dilemma of having to adjust to the many stages, but we will be with you from start to finish, making sure you have a grasp of the whole process. 

We Want You And Your Family to be Heard, be Safe, And be Free. 

With a proud history of fighting for the rights of thousands of refugees and families seeking asylum, Deo Volente Solicitors has become one of the UK’s trusted immigration solicitors firm and a true champion in the fight for justice. 

Our top Asylum Solicitors fully believe that we all have the right to treated equally. We stand for a fair and just society, which values each and everyone as equal humans, free from bigotry and prejudice. 

It won’t cost you anything to know where you stand if you reach out to us today.

Call us and speak to one of our friendly Asylum Solicitors about your current situation. 

The UK’s separation from the European Union begins on 1 January 2021, introducing a new chapter and starting with an avalanche of Immigration changes. 

‘The most significant overnight change in modern commercial relations’ analysts say, as the split, better known as Brexit, has now come into force. 

Britain left the EU’s regulatory circle beginning 2021, binding off nearly 50 years around the block.

Whilst formally disbanded, Britain went through a transition period of 11 months, following EU rules as negotiators dealt with future commercial ties.

What does Brexit mean for UK Immigration?

A lot is going on currently in the world of immigration. One of the massive transitions is the new ‘Points-Based’ Immigration System (modelling an Australian-style points-based scheme), determining who can work in the country.

The system means that applications for skilled worker visas are now judged based on a points-based system. 

To be eligible, migrants applying for a work visa to the UK will have to meet specific criteria to qualify for a successful online “e-visa.”

Applicants Need to Score at Least 70 Points

 Among the minimum requirements on the given criteria is a job offer from a qualified sponsor that matches the applicant’s skill level, at 40 points, and speaking English to earn 10 points.

Applicants must also meet other criteria based on salary, a sector within a recognised labour shortage, or holding a PhD.

Applicants can earn the remaining 20 points if they get a job offer that pays an annual salary of at least £25,600.

Moreover, the system grants 10-20 extra points to applicants holding a university doctorate or PhD in science, technology, engineering, math, or any employment offer with a labour shortage in the UK, regardless of the salary. 

The cost of applying is between £610 to £1,408, and applicants must show they have enough money to support themselves and have proof of identity.

Applications take about three weeks to find out whether they have been successful.

EU Settlement Scheme for People Already Living in The UK

EU citizens with their families already living in the UK before the post-Brexit (1 January 2021) do not have to comply with the new system but can apply to the EU Settlement Scheme. 

Citizens from the following can apply to the EU Settlement Scheme to continue living in the UK:

They have until 30 June 2021 to Apply

Successful applicants who have been granted settled status will be allowed to remain and live in the UK with the same benefit claims as UK citizens if they become unemployed. 

Meanwhile, Irish citizens are not required to apply to the scheme or get permission to come to the UK, as the UK and Ireland share a Common Travel Area.

Various rules apply to workers that are not part of the EU federation and EU migrants arriving in Britain during the post-Brexit. Those who end up unemployed must return to their home country unless they have indefinite leave to remain.

How We Can Help?

Whether you need legal guidance for your work visa or you wish to continue living in the UK, our Brexit Expert Solicitors are available to support you and your future through a successful application. 

Our immigration consultants’ team has supported thousands of individuals, businesses, and families in providing certainty in these trying times. 

At Deo Volente, we genuinely believe that your future in the UK counts on the right timing and a successful legal application. 

Talk to us today and let us give you realistic insights, as well as peace of mind. We offer a No Win No Fee funding arrangement. You do not need to pay us if the application is unsuccessful.  

We are all about value and commitment. We will support you from start to finish!

Are you a temporary migrant living in the UK? Have you been furloughed or lost your employment because of the Coronavirus (COVID 19) pandemic?

Head of Immigration Department, Angel Masih

The Home office guidance, issued on 24th April 2020, confirms that individuals who have limited leave to remain in the UK and no recourse to public funds do have support available to them. Access to public funds If you are currently residing in the UK on a Family or Private Life basis, you can make an application to access public funds if any of the following applies:

If you are employed or self-employed in the UK You may be able to apply to access:

Mortgage lenders will be able to offer repayment holidays of 3 months In addition to the above, Local Authority Social Services may be able to provide further support if you or a family member have specific care needs.

At Deo Volente Solicitors, we understand that individuals may face financial difficulties arising from these unprecedented times. We are offering telephone consultations to address any queries that you may have. Please do not hesitate to contact us on 01234 350244 and speak to one of our team members within the immigration department.

 

Have your financial circumstances changed since your last grant of leave? Was your leave granted on the basis of your family or private life?

by Shazia Akhtar, Partner, and Head of Immigration Services

During these unprecedented times, we understand that people are struggling to make ends meet because of illness, self-isolation, school, or work closures. If you are currently in the UK on the basis of your family or private life, we can make an application for a change of conditions of leave. This will allow access to public funds because your circumstances have changed:

You can apply if:

If your application is successful the conditions of your leave will be changed to allow you to access public funds. There is no Home Office fee for this application.

Eligibility

You’ll qualify for an amendment to your conditions of leave only if:

A person is destitute if:

If you meet the requirements for a change to the conditions of your leave to allow you to apply for public funds you will be told by letter or email.

This may include a request that you give biometric information (fingerprints and photographs). You would need to do this at a Service & Support Centre (SSC). Information on how to do this will be provided in the decision. A new biometric residence permit will be issued.

If you are worried about your financial position and would like to discuss your circumstances please call us on 01234 350244 and we will be happy to assist you.

 

DV Solicitors recently received news of a successful extension application under the spouse visa route. This was a very complex application in which our client was relying on her partner's income from non-salaried employment to meet the financial requirement of £18,600.
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